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BROCK v. TIC INTERN. CORP.

No. 85-1555.

785 F.2d 168 (1986)

William E. BROCK, Secretary of Labor, Plaintiff-Appellant, v. TIC INTERNATIONAL CORPORATION, Defendant, Third-Party Plaintiff-Appellee, v. CONTINENTAL CASUALTY COMPANY and Valley Forge Life Insurance Company, Third-Party Defendants.

United States Court of Appeals, Seventh Circuit.

Decided February 21, 1986.

As Amended March 25, 1986.

Attorney(s) appearing for the Case

Louis L. Joseph, U.S. Dept. of Labor, Washington, D.C., Jerry P. Belknap, Barnes & Thornburg, Indianapolis, Ind., for plaintiff-appellant.

Donald C. Clark, Isham, Lincoln & Beale, Chicago, Ill., for defendant, third-party plaintiff-appellee.

Before WOOD, POSNER, and FLAUM, Circuit Judges.

POSNER, Circuit Judge.

On August 7, 1979, the Secretary of Labor brought this suit against TIC International Corporation, which he charged with having violated the "prudent man" rule in section 404(a)(1)(B) of the Employee Retirement Income Security Act, 29 U.S.C. § 1104(a)(1)(B), by advising a teamsters union health and welfare plan to make a "hold harmless" agreement with an insurance company as a result of which the plan lost $750,000. The district court granted...

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