Legal Opinion

In Re C. D. Moyer Co. Trust Fund

District Court, E.D. Pennsylvania

Decided October 28, 1977No. Civ. A. 77-2268PublishedCited by 63 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

McGLYNN, District Judge.

This is an application by the Pension Benefit Guaranty Corp. (PBGC) for the appointment of a trustee and for an order of distribution of the assets of the C. D. Moyer Pension Trust (the Plan) under sections 4041(g) and 4042(b) of the Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. §§ 1341(g) and 1342(b) (Supp. V 1975)). Jurisdiction is predicated upon section 4003(e)(3) of ERISA (29 U.S.C. § 1303(e)(3)(Supp. V 1975)).

I

PBGC is a United States Government corporation established under section 4002 of ERISA (29 U.S.C. § 1302) to…

2Cases cited4 opinions

  1. Wadsworth v. WhalandCourt of Appeals for the First Circuit · 1977
  2. Hewlett-Packard Co. v. BarnesDistrict Court, N.D. California · 1977
  3. Wayne Chemical, Inc. v. Columbus Agency Service Corp.District Court, N.D. Indiana · 1977
  4. Azzaro v. HarnettDistrict Court, S.D. New York · 1976

3Cited by63 opinions

  1. Francis Van Orman, on His Own Behalf and on Behalf of a Class of All Participants, Continuing Former Employees, Pensioners, Beneficiaries and Contingent Survivors, as Such Persons Are Defined in the Revised Retirement Plan of the American Insurance Company, American Automobile Insurance Company and Associated Indemnity Corporation ("Tarp") v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Tarp, and Fireman's Fund American Retirement Plan("farp"), Robert P. J. Cooney and Jack B. McCowan Nellie Taylor, Andrew Marsh, Ulice M. Hoover, Peggy Laing, Richard Shultis and Waldermar Ogren, on Their Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, Francis Van Orman, on His Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated, and Ulice M. Hoover, Nellie Taylor, Peggy Laing, Andrew Marsh, Richard Shultis, and Waldemar H. Ogren, on Behalf of Those and All Other Persons Similarly Situated, in No. 81-2784. The American Insurance Company, the American Automobile Insurance Company, Theassociated Indemnity Corporation, Fireman's Fund Insurance Company,fireman's Fund American Life Insurance Company, Tarp, and Farp, Robert P. j.cooney and Jack b.mccowan and the American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, in No. 81-2785 the American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, Fireman's Fund Insurance Company, the Revised Retirement Plan of the American Insurance Company, Fireman's Fund American Retirement Plan, Robert P. J. Cooney and Jack B. McCowan and Fireman's Fund Insurance Company, American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, the Revised Retirement Plan of the American Insurance Company, Associated Indemnity Corporation, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, and Jack B. McCowan in No. 81-2786Court of Appeals for the Third Circuit · 1982
  2. Dean Borst v. Chevron Corp.Court of Appeals for the Fifth Circuit · 1994
  3. Whitworth Bros. Storage Company v. Central States, Southeast and Southwest Areas Pension Fund, DefendantsCourt of Appeals for the Sixth Circuit · 1986
  4. Lukus v. Westinghouse Electric Corp.Superior Court of Pennsylvania · 1980
  5. Pollock v. CastrovinciDistrict Court, S.D. New York · 1979

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