Legal Opinion

Pension Benefit Guaranty Corp. v. West Side Bakery, Inc.

District Court, S.D. New York

Decided September 21, 1990No. 89 Civ. 1637 (WK)PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM & ORDER

WHITMAN KNAPP, District Judge.

Pension Benefit Guaranty Corporation (“PBGC”) moves for summary judgment on its ERISA claims. For reasons which follow, the motion is granted in part and denied in part.

BACKGROUND 1

Defendant West Side Bakery, Inc. (“West Side”) is a closely held corporation owned and operated by Rocco, Phillip and Pasquale Cassone (“the Cassone brothers”), who together also own Ropp Realty Corporation (“Ropp Realty”) from which West Side rents its bakery premises. The relationship between the two entities goes beyond common ownership. As noted by PBGC, Ropp…

2Cases cited7 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Pension Benefit Guaranty Corporation v. LTV Corp.Supreme Court of the United States · 1990
  3. Bormann v. AT&T Communications, Inc.Supreme Court of the United States · 1989
  4. Madison Galleries, Ltd. v. The United StatesCourt of Appeals for the Federal Circuit · 1989
  5. John L. Connolly, Etc. v. Pension Benefit Guaranty Corporation, Etc.Court of Appeals for the Ninth Circuit · 1978

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Pension Benefit Guaranty Corp. v. West Side Bakery, Inc.District Court, S.D. New York · 1991

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