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KIM v. FUJIKAWA

Nos. 87-1801, 87-1931, 88-2509 and 87-2922.

871 F.2d 1427 (1989)

Rodney KIM, Plaintiff/Counterclaim-Defendant/Appellee/Cross-Appellant, and Pacific Electrical Contractors Association, Counterclaim-Defendant/Appellee, v. Thomas FUJIKAWA; Galo Kimura; Paul Sialana; Tadashi Narimatsu, Defendants/Counterclaimants/Appellants/Cross-Appellees. Rodney KIM, Plaintiff/Counterclaim-Defendant/Appellee, v. Thomas FUJIKAWA, Defendant/Counterclaimant/Appellant, and Thomas FUJIKAWA, Third-Party Plaintiff/Appellant, v. Rodney KIM, as Trustee of all PECA-IBEW Funds, et al., Third-Party Defendants/Appellees. Rodney KIM, Plaintiff/Counterclaim-Defendant/Appellee, and Pacific Electrical Contractors Association, Counterclaim-Defendant/Appellee, v. Thomas FUJIKAWA; Galo Kimura; Paul Sialana; Tadashi Narimatsu, Defendants/Counterclaimants/Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 29, 1989.

Attorney(s) appearing for the Case

T. Anthony Gill, Gill, Park, Park & Kim, Honolulu, Hawaii, for defendants/third-party-plaintiff/appellants.

Jeffery S. Harris, Torkildson, Katz, Jossem, Fonseca & Moore, Honolulu, Hawaii, for plaintiff/third-party-defendants/appellees.

Before NELSON, O'SCANNLAIN and TROTT, Circuit Judges.

TROTT, Circuit Judge:

These cases, consolidated for purposes of appeal, involve several issues arising from actions against a fiduciary of employee benefit plans who violated the prohibited transaction provisions of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001, et seq., by transferring assets for the benefit of, and to, parties in interest. Since each appeal involves facts and issues peculiar to it, the appeals are addressed...

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