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BLACK v. PENSION BEN. GUAR. CORP.

No. 19-1419.

983 F.3d 858 (2020)

Dennis BLACK; Charles Cunningham; Kenneth Hollis; Delphi Salaried Retiree Association, Plaintiffs-Appellants, v. PENSION BENEFIT GUARANTY CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 28, 2020.

Attorney(s) appearing for the Case

ARGUED: Anthony F. Shelley , MILLER & CHEVALIER CHARTERED, Washington, D.C., for Appellants. John A. Menke , PENSION BENEFIT GUARANTY CORPORATION, Washington, DC., for Appellee. ON BRIEF: Anthony F. Shelley , Timothy P. O'Toole , Michael N. Khalil , MILLER & CHEVALIER CHARTERED, Washington, D.C., for Appellants. John A. Menke , C. Wayne Owen, Jr. , Craig T. Fessenden , Erin C. Kim , Elisabeth B. Fry , PENSION BENEFIT GUARANTY CORPORATION, Washington, DC., for Appellee.

Before: SILER, GIBBONS, and NALBANDIAN, Circuit Judges.

AMENDED OPINION

Title IV of the Employee Retirement Income Security Act of 1974 ("ERISA") creates an insurance program to protect employees' pension benefits. The Pension Benefit Guaranty Corporation ("PBGC")— a wholly-owned corporation of the United States government—is charged with administering the...

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