SAGE v. AUTOMATION, INC. PENSION PLAN AND TRUST

Civ. A. No. 80-4127-S.

777 F.Supp. 876 (1991)

Harold SAGE, Georgianna Wong, Lonnie Lawton, Mae Dyer, Dianne Berroth, Jean Alden, Richard Dominguez, Plaintiffs, v. AUTOMATION, INCORPORATED PENSION PLAN AND TRUST, Automation, Incorporated Profit Sharing Plan and Trust, Harold M. Goodman, as Trustee of Automation, Incorporated Profit Sharing Plan and Trust, Harold M. Goodman, Individually; Janice M. Finley, as Member of Advisory Committee of Automation, Incorporated Pension Plan and Trust, Harold M. Goodman, as Member of Advisory Committee, of Automation, Incorporated Pension Plan and Trust, Harold M. Goodman, as Member of Advisory Committee, of Automation, Incorporated Profit Sharing Plan and Trust, and Automation, Incorporated, a Kansas Corporation, Defendants.

United States District Court, D. Kansas.

October 17, 1991.


Attorney(s) appearing for the Case

Jay W. Vander Velde, Atherton & Vander Velde, Emporia, Kan., Donna M. Dill, Field, Gentry, Benjamin & Robertson, Overland Park, Kan., Henry L. Hiebert, Topeka, Kan., for plaintiffs.

Robin G. Maxon, Gary D. McCallister, Davis, Wright, Unrein, Hummer & McCallister, Kevin L. Diehl, Eugene B. Ralston & Associates, Topeka, Kan., for defendants.


MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on remand from the Tenth Circuit Court of Appeals to make specific findings on whether attorney's fees should be imposed personally against defendant Harold Goodman ("defendant Goodman") as trustee of defendant Automation, Incorporated Pension Plan and Trust ("the Plan"), under 29 U.S.C. § 1132(g)(1). Plaintiffs prevailed on the issue of defendants' failure to provide an adequate...

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