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MACK BORING AND PARTS v. MEEKER SHARKEY MOFFITT, ACTUARIAL CONSULTANTS OF NEW JERSEY

No. 90-5663.

930 F.2d 267 (1991)

MACK BORING AND PARTS, a New Jersey Corporation; Diesel Engine Service & Supply Co.; Engine City Technical Institute; Edward J. McGovern, as Administrator, Appellants, v. MEEKER SHARKEY MOFFITT, ACTUARIAL CONSULTANTS OF NEW JERSEY; Thomas Sharkey; Provident Mutual Life Insurance Company of Philadelphia, Appellees.

United States Court of Appeals, Third Circuit.

Decided April 5, 1991.

Attorney(s) appearing for the Case

Kenneth J. Hanko (argued), Morris Plains, N.J., for appellants Mack Boring and Parts, a New Jersey Corp., Diesel Engine Service & Supply Co., Engine City Technical Institute, Edward J. McGovern, as Adm'r.

Paul R. Williams, Jr., Westfield, N.J., for appellees Meeker Sharkey Moffitt, Actuarial Consultants of New Jersey.

Charles A. Reid, III (argued), Shanley & Fisher, Morristown, N.J., for appellee Provident Mut. Life Ins. Co. of Philadelphia.

Dona S. Kahn, Anderson, Kill, Olick & Oshinsky, Philadelphia, Pa., for amicus curiae The Unisys Pension Inv. Review Committee.

William F. Hanrahan, Groom & Nordberg, Washington, D.C., for amicus curiae American Council of Life Ins.

Before GREENBERG and COWEN, Circuit Judges, BUCKWALTER, District Judge.

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal follows from an order of the district court dismissing an action commenced by Mack Boring and Parts Company ("Mack"). Mack had alleged that Provident Mutual Life Insurance Company of Philadelphia ("Provident") breached fiduciary duties imposed by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461 (1985 & Supp.1990), with respect to its control over Mack's employee...

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