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AMER. FED. OF UNIONS v. EQUITABLE LIFE ASSUR. SOC.

No. 87-3199.

841 F.2d 658 (1988)

AMERICAN FEDERATION OF UNIONS LOCAL 102 HEALTH & WELFARE FUND, et al., Plaintiffs-Appellants, v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 8, 1988.

Attorney(s) appearing for the Case

George S. King, Emile C. Rolfs, III, Broadhurst, Brook, Mangham & Hardy, Baton Rouge, La., for plaintiffs-appellants.

Michael W. Brody, New York City, Glenn D. Holden, Baton Rouge, La., for defendants-appellees.

Before CLARK, Chief Judge, REAVLEY and HUNTER, Circuit Judges.

CLARK, Chief Judge:

A union, its health and welfare fund, and two plan participants sued an insurance company and its agent for violations of fiduciary duties imposed by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. The district court held the agent liable to the fund for health benefit payments made to ineligible persons but not liable for commissions he earned as administrator of the fund, 647 F.Supp...

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