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FREE v. BRIODY

Nos. 85-2398, 85-2399.

793 F.2d 807 (1986)

Richard L. FREE, Plaintiff-Appellant, Cross-Appellee, v. Louis J. BRIODY, individually and as trustee and member of the committee under the Gilbert-Hodgman, Inc., Salaried Employees' Profit Sharing Plan and Trust, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 11, 1986.

Attorney(s) appearing for the Case

Lee T. Polk, Vedder, Price, Kaufman & Kammholz, Chicago, Ill., for plaintiff-appellant, cross-appellee.

Hedberg, Tobin, Flaherty & Whalen, Edward J. Whalen, Mark T. Piazza, Chicago, Ill., for defendant-appellee, cross-appellant.

Before WOOD, POSNER and FLAUM, Circuit Judges.

POSNER, Circuit Judge.

Louis Briody, the defendant in this case, was one of two trustees of a corporate pension plan. Richard Free, a former employee of the corporation, brought suit against Briody (and the other trustee) in a federal district court under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq., charging breach of trust. The court held the two trustees jointly and severally liable for almost $80,000 in losses...

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