UNITED STEEL WORKERS UNION v. PENSION BEN. GUAR.

No. 12-5116.

707 F.3d 319 (2013)

UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFLCIO-CLC, on behalf of the Participants and Beneficiaries of the Thunderbird Mining Co. Pension Plan, et al., Appellants v. PENSION BENEFIT GUARANTY CORPORATION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 11, 2013.


Attorney(s) appearing for the Case

Andrew D. Roth argued the cause for appellant. With him on the briefs were Laurence Gold and David R. Jury . Jeremiah A. Collins entered an appearance.

Kenneth J. Cooper , Assistant General Counsel, Pension Benefit Guaranty Corporation, argued the cause for appellee. With him on the brief were Judith R. Starr , General Counsel, Kimberly J. Duplechain , Attorney, Israel Goldowitz , Chief Counsel, Karen L. Morris , Deputy Chief Counsel, Kartar S. Khalsa , Assistant Chief Counsel, and Nathaniel Rayle , Attorney.

Opinion for the Court filed by Senior Circuit Judge RANDOLPH.


RANDOLPH, Senior Circuit Judge:

This is an appeal from the district court's judgment affirming a decision of the Pension Benefit Guaranty Corporation, the government agency that administers pension termination insurance under Title IV of the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001-1461, commonly known as ERISA. In this case, participants in the Thunderbird Mining Company Pension Plan sought "shutdown" pension benefits...

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