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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND BAKERY AND CONFECTIONERY UNION: AND INDUSTRY INTERNATIONAL PENSION FUND : v. : Civil Action No. DKC 2003-0990 : NEW WORLD PASTA COMPANY : CORRECTED MEMORANDUM OPINION Presently pending and ready for resolution are: (1) the motion of Defendant New World Pasta Co. (NWP) to dismiss under Fed. R. Civ. Pro. 12(b)(6) and (2) the motion of Plaintiff Bakery and Confectionary Union and Industry International

Pension Fund (Pension Fund) for summary judgment under Fed. R. Civ. Pro. 56(b). The issues have been fully briefed and no Local Rule 105.6. For the reasons

hearing is deemed necessary.

that follow, the court will: (1) deny Defendant's motion to dismiss and (2) grant Plaintiff's motion for summary judgment. I. Background A. Factual Background Plaintiff is an employee benefit plan within the meaning of Section 3(2) and 3(3) of the Employee Retirement Income Security Act, (ERISA), 29 U.S.C.

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Maryland Law