Pension Benefit Guaranty, Corporation v. East Dayton Tool and Die Company

KEITH, Circuit Judge.

Plaintiff/Appellant Pension Benefit Guaranty, Corp. (“PBGC”) appeals the district court’s judgment finding the Defendants/Ap-pellees East Dayton Tool and Die Co., Inc. (“East Dayton”), et al., did not control East Dayton’s pension plan on its termination date and therefore, were not liable for the pension plan’s unfunded benefit liabilities, and its subsequent grant of individual Appellees’ 12(b)(6) motion. For the reasons stated below, we REVERSE and REMAND.

I

In 1959, East Dayton, an Ohio corporation that designed, manufactured and sold tools and dies, established the…