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LOCAL UNION 2134, UMW OF AMERICA v. POWHATAN FUEL

No. 86-7543.

828 F.2d 710 (1987)

LOCAL UNION 2134, UNITED MINE WORKERS OF AMERICA, etc., et al., Plaintiff-Appellee, v. POWHATAN FUEL, INC., etc., et al., Defendants, Leroy Osborne, Jr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 28, 1987.

Attorney(s) appearing for the Case

Curtis W. Gordon, Jr., Gordon, Harrison & Lathum, Birmingham, Ala., for defendant-appellant.

J. Allen Sydnor, Jr., Cooper, Mitch & Crawford, Birmingham, Ala., for plaintiff-appellee.

Before RONEY, Chief Judge, FAY, Circuit Judge, and ATKINS, Senior District Judge.

FAY, Circuit Judge:

In this case we review an order of the district court holding the president who was also the health plan fiduciary of a closely held corporation personally liable to the employee-beneficiaries based on the nonpayment of health plan premiums. The district court ruled that the president was a health plan fiduciary under the Employee Retirement Income Security Act ("ERISA"), and that the president had breached his fiduciary duty to properly maintain...

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