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EAVES v. PENN

Nos. 77-1169 to 77-1171.

587 F.2d 453 (1978)

Glen R. EAVES, Alleen M. Eaves, Violet Cobbs, Richard Eades, Ralph D. Sitton, and Marguirite Richards, Plaintiffs-Appellees, v. Ralph W. PENN, Individually, and Ralph W. Penn as Trustee for Glen's Employees Retirement Plan, Defendant-Appellant, Ray MARSHALL, Successor to W. J. Usery, Jr., Secretary of Labor, Plaintiff-Appellee, v. Ralph W. PENN, Individually and as Trustee of Glen's Profit-Sharing Plan, Defendant-Appellant, and Glen R. Eaves and Alleen M. Eaves, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided November 21, 1978.

As Amended December 4, 1978.

Attorney(s) appearing for the Case

Jon H. Trudgeon of Speck, Philbin, Fleig, Trudgeon & Lutz, Oklahoma City, Okl., for appellant.

Robert P. Gallagher, Washington, D. C. (Carin Ann Clauss, Monica Gallagher, Mary S. Calfee, Dept. of Labor, Washington, D. C., and Ronald M. Gaswirth, Dallas, Tex., on the brief), for appellee Marshall.

Howard Lynn Wisdom, Oklahoma City, Okl. (Billy Jack Hendrix, Oklahoma City, Okl., on the brief), for appellees Eaveses.

Before BARRETT and DOYLE, Circuit Judges, and STANLEY, District Judge.

BARRETT, Circuit Judge.

These consolidated appeals present issues concerning the standards of conduct of fiduciaries under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001, et seq. Ralph W. Penn (Penn), individually and as a trustee of the Glen's Profit-Sharing Plan, appeals an adverse determination of the trial court that he failed to discharge his duties with respect to the plan. Specifically, the court found that Plan...

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