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FARM KING SUPPLY, INC. v. EDWARD D. JONES & CO.

No. 88-3382.

884 F.2d 288 (1989)

FARM KING SUPPLY, INCORPORATED INTEGRATED PROFIT SHARING PLAN AND TRUST, an Employee Benefit Plan, Richard H. Severs, Rick A. Severs, Randall M. Severs, Bradley D. Severs, Azelia M. Severs, Jerry D. Mayo and William A. Oates, Jr., Trustees of the Farm King Supply Incorporated Integrated Profit Sharing Plan and Trust, Plaintiffs-Appellants, v. EDWARD D. JONES & COMPANY, a Partnership, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 23, 1989.

Attorney(s) appearing for the Case

Edward F. Sutkowski, Dan O'Day, Dean B. Rhoads, Sutkowski & Washkuhn, Peoria, Ill., for plaintiffs-appellants.

Robert V. Dewey, Jr., Mark Howard, Richard Molchan, Timothy L. Bertschy, Heyl, Royster, Voelker & Allen, Peoria, Ill., John M. Clear, Leo J. Asaro, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., for defendant-appellee.

Before BAUER, Chief Judge, and CUMMINGS and RIPPLE, Circuit Judges.

CUMMINGS, Circuit Judge.

The Farm King Supply, Inc. Integrated Profit Sharing and Trust (the "Plan"), a qualified employee benefit plan under the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq. ("ERISA"), and its co-plaintiff trustees appeal from the decision of the district court which determined that defendant Edward D. Jones & Co. ("Jones"), a brokerage firm, was not a fiduciary of the Plan as defined in ERISA and therefore...

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