DONOVAN v. CUNNINGHAM

No. 82-2296.

716 F.2d 1455 (1983)

Raymond J. DONOVAN, Secretary of the United States Department of Labor, Plaintiff-Appellant Cross-Appellee, v. Kenneth R. CUNNINGHAM, Defendant-Third Party Plaintiff-Appellee-Cross-Appellant, L.J. Carter and Mark W. Perrin, Defendants-Third Party Plaintiffs-Appellees-Cross-Appellants-Cross-Appellees, Salvador Esparza and Edward F. Fritcher, Defendants-Third Party Plaintiffs-Appellees-Cross-Appellants, v. Wilford H. HAIRELL and A. Mitchell Robertson, Defendants-Third Party Plaintiffs-Appellees-Cross-Appellants-Cross-Appellees, v. ALLIED BANK OF TEXAS, Third Party Defendant-Cross-Appellee-Cross-Appellant, v. METROPOLITAN CONTRACT SERVICES, INC., Third Party Defendant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 2, 1983.


Attorney(s) appearing for the Case

Paula J. Page, Edward A. Scallet, Attys., Dept. of Labor, Plan Benefits Sec. Div., Washington, D.C., for plaintiff-appellant cross-appellee.

Susman & Kessler, Morton L. Susman, Houston, Tex., for Cunningham, Hairell, Robertson & Metropolitan Contract.

Lorance & Thompson, Larry D. Thompson, Houston, Tex., for Carter & Perrin.

Dickerson, Hamel, Early & Pennock, C. Leland Hamel, Houston, Tex., for Esparza & Fritcher.

Butler, Binion, Rice, Cook & Knapp, Tom M. Davis, Jr., Daniel F. Shank, Houston, Tex., for Allied Bank of Texas.

Before THORNBERRY, GEE and WILLIAMS, Circuit Judges.


GEE, Circuit Judge:

The Secretary of Labor brought this lawsuit against various fiduciaries of a certain employee stock ownership plan ("ESOP") established under the Employee Retirement Income Security Act of 1974 ("ERISA").1 The Secretary's principal claim is that these defendants breached their duties as fiduciaries under ERISA by purchasing certain stock on behalf of the ESOP for more than adequate consideration. The suit was tried...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases