Rehearing and Rehearing En Banc Denied October 13, 1987.
RIPPLE, Circuit Judge.
This case presents the question of whether United Food and Commercial Worker's International Union, AFL-CIO and CLC (Union) is a fiduciary under the Employee Retirement Income Security Act of 1974 (ERISA), § 3(21), 29 U.S.C. § 1002(21). The appellants, Leonard Forys and Janet Forys, alleged in their amended complaint that the Union violated its discretionary responsibilities...
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