Pension Benefit Guaranty v. Durango Ga. Paper, No. 07-10558 (11th Cir. 2007)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS No. 07-10558 Non-Argument Calendar ________________________ D.C. Docket No. 05-00153-CV-2 ELEVENTH CIRCUIT OCT 19, 2007 THOMAS K. KAHN CLERK PENSION BENEFIT GUARANTY CORPORATION, an agency and corporation of the United States Government, 1200 K Street, NW, Washington, DC 20005-4026, Plaintiff-Appellee, versus DURANGO GEORGIA PAPER CO., as plan administrator of the Gilman Paper Company Pension Plan for Hourly Employees, 1000 Osborne Street, St. Mary's, GA 31558, Defendant-Appellee, H.G. ESTATE, LLC, THE HOWARD GILMAN FOUNDATION, INC., W.O. CORPORATION, Intervenors-Defendants-Appellants. ________________________ Appeal from the United States District Court for the Southern District of Georgia ________________________ (October 19, 2007) Before TJOFLAT, HULL and COX, Circuit Judges. PER CURIAM: H.G. Estate, LLC, The Howard Gilman Foundation, Inc. and W.O. Corporation ( Intervenors ) appeal the district court s judgment following an order granting the joint motion to dismiss of Pension Benefit Guaranty Corporation ( PBGC ) and Durango Georgia Paper Company ( Durango ). Intervenors raise two issues on appeal: (1) whether the district court erred in dismissing the litigation and (2) alternatively, whether the district court erred by not imposing conditions on the dismissal. We review a court s grant of a motion to dismiss for abuse of discretion. Fisher v. Puerto Rico Marine Mgmt., Inc., 940 F.2d 1502, 1503 (11th Cir. 1991). Having considered the briefs and the record, we find no abuse of discretion in the dismissal. AFFIRMED. 2

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