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BLANTON v. ANZALONE

Nos. 84-1997, 84-2033.

760 F.2d 989 (1985)

Elizabeth B. BLANTON, individually and as Executor of the Estate of John Blanton, Plaintiff/Counter-Defendant/Appellee, v. Joseph T. ANZALONE and Donald F. Slebir, individually and as Trustees of the Harbor Medical Group, Inc. Profit Sharing Plan, Harbor Medical Group, Inc., Defendants/Counter-Claimants/Appellants. Elizabeth B. BLANTON, individually and as Executor of the Estate of John Blanton, Plaintiff/Counter-Defendant/Appellant, v. Joseph T. ANZALONE and Donald F. Slebir, individually and as Trustees of the Harbor Medical Group, Inc. Profit Sharing Plan, Harbor Medical Group, Inc., Defendants/Counter-Claimants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 14, 1985.

Attorney(s) appearing for the Case

Harry J. Kaplan, San Jose, Cal., for appellee.

M. Fred Rose, Samuel Kornhauser, Frederick Hertz, San Francisco, Cal., for appellants.

Before SNEED, TANG, and CANBY, Circuit Judges.

SNEED, Circuit Judge:

Plaintiff Elizabeth Blanton brought this suit against defendants Dr. Joseph Anzalone and Dr. Donald Slebir under ERISA, 29 U.S.C. § 1001 et seq. (1982), for breach of fiduciary duty. Jurisdiction of the district court was based on 29 U.S.C. § 1132(e). Our jurisdiction is based on 28 U.S.C. § 1291. We affirm in part, vacate in part, and remand.

I.

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