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CALL v. SUMITOMO BANK OF CALIFORNIA

No. 88-15076.

881 F.2d 626 (1989)

Sterling CALL, Ralph Robinson and Edison Willers, as individuals; Sterling Call and Ralph Robinson as Plan Administrators of the Phase II Corporation Restated Profit Sharing Plan; and Sterling Call, Kenneth Friedman and Edison Willers as Plan Administrators of the California Etching Corporation Restated Profit Sharing Plan, Plaintiffs-Appellants, v. SUMITOMO BANK OF CALIFORNIA, a California corporation, Ray W. Sherman, Jr., an individual, Khateeb A. Lateef, an individual, and Lateef Management Associates, a partnership, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 26, 1989.

Attorney(s) appearing for the Case

Edward D. Burmeister, Baker & McKenzie, San Francisco, Cal., for plaintiffs-appellants.

Steven E. Schon, Howard, Rice, Nemerovski, Canady, Robertson & Falk, San Francisco, Cal., for defendants-appellees Lateef.

Jeffrey H. Lowenthal, Leland, Parachini, Steinberg, Flinn, Matzger & Melnick, San Francisco, Cal., for defendant-appellee Sumitomo Bank of California.

Richard Mark, San Francisco, Cal., for defendant-appellee Ray W. Sherman, Jr.

Before BROWNING, PREGERSON and THOMPSON, Circuit Judges.

PREGERSON, Circuit Judge:

Appellants brought this action in district court under the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001-1382 (1982) (ERISA or the Act). They alleged that appellees had breached fiduciary and other duties owed to two ERISA-regulated profit sharing plans of which appellants were administrators. The four appellants sought to recover as plan fiduciaries on behalf of the plans. In addition, the three appellants who were...

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