CUMMINGS BY TECHMEIER v. BRIGGS & STRATTON RETIREMENT PLAN

No. 85-2871, 85-2936.

797 F.2d 383 (1986)

Barbara Jean CUMMINGS, a minor, by her Guardian ad Litem, Willard P. TECHMEIER, and Laverne H. Cummings, Special Administratrix of the Estate of Dennis G. Cummings, Plaintiff-Appellees, Cross-Appellants, v. BRIGGS & STRATTON RETIREMENT PLAN, the First Wisconsin Trust Company, Plan Trustee, and Briggs & Stratton Retirement Committee, Plan Administrator, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 21, 1986.


Attorney(s) appearing for the Case

David R. Cross, Quarles & Brady, Milwaukee, Wis., for defendants-appellants, cross-appellees.

Willard P. Techmeier, Techmeier, Sheedy & Associates, Milwaukee, Wis., for plaintiff-appellees, cross-appellants.

Before BAUER and POSNER, Circuit Judges, and SWYGERT, Senior Circuit Judge.


SWYGERT, Senior Circuit Judge.

The issue in this case is whether a district court has inherent or statutory equitable power to fashion a constructive trust in favor of a plaintiff who has no entitlement to benefits under ERISA. Although we do not deny that pension beneficiaries may bring civil actions under ERISA to obtain appropriate equitable relief, we cannot approve such relief where there is no violation of ERISA under the written terms of the plan. For the reasons...

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