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ANDERSON v. EMERGENCY MEDICINE ASSOCIATES

No. 85-1428.

860 F.2d 987 (1988)

Thomas G. ANDERSON, Plaintiff-Appellant, v. EMERGENCY MEDICINE ASSOCIATES, Chartered, a Kansas Professional Corporation; Emergency Medicine Associates, Chartered Money Purchase Trust; Emergency Medicine Associates, Chartered Profit-Sharing Trust; L. Wayne Capooth, as Trustee and Individually; George T. Grigsby, a/k/a George T. Grigsby, Jr., as Trustee and Individually, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 3, 1988.

Attorney(s) appearing for the Case

Alan A. Hazlett, Topeka, Kan. (Henry L. Hiebert, Topeka, Kan., was also on the brief), for plaintiff-appellant.

Eldon L. Ford, Cosgrove, Webb & Oman, Topeka, Kan., for defendants-appellees.

Before HOLLOWAY, Chief Judge, ANDERSON, Circuit Judge, and BRIMMER, District Judge.

HOLLOWAY, Chief Judge.

This case presents the issue whether a partial termination occurred, under the contractual provisions of pension and profit-sharing plans set up by the defendants-appellees to comply with ERISA and the Internal Revenue Code § 411(d)(3), when plaintiff-appellant voluntarily quit. The district court held that no partial termination occurred and that plaintiff was therefore not entitled to recover non-vested contributions to his accounts....

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