PENSION BEN. GUAR. CORP. v. SCHERLING

No. 89-1918.

905 F.2d 173 (1990)

PENSION BENEFIT GUARANTY CORPORATION, Appellant, v. Richard E. SCHERLING and Harold Wendorf, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 24, 1990.


Attorney(s) appearing for the Case

James J. Armbruster, Washington, D.C., for appellant.

David M. Elderkin and Raymond R. Stefani, Cedar Rapids, Iowa, for appellees.

Before LAY, Chief Judge, BEAM, Circuit Judge, and WOODS, District Judge.


LAY, Chief Judge.

The Pension Benefit Guarantee Corporation (PBGC or corporation) appeals the dismissal of its action brought against two former administrators of the Killian Company Retirement Plan (the Plan), Harold Wendorf and Richer E. Scherling, for breach of their fiduciary duties. The corporation sued in its capacity as a trustee to the Plan, pursuant to its statutory powers under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001...

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