OUTZEN v. FDIC EX REL. STATE EXAMINER OF BANKS

No. 90-8077.

948 F.2d 1184 (1991)

Gordon OUTZEN, on behalf of himself and as a representative party and member of a class consisting of employees of the former, but now insolvent, Stockmens Bank and Trust Company, a Wyoming Banking Corporation, who also are participants in the pension plan of the said Stockmens Bank and Trust Company and that certain pension plan trust fund thereunder maintained, Plaintiff-Appellee, v. FEDERAL DEPOSIT INSURANCE CORPORATION, acting Ex Rel. the STATE EXAMINER OF BANKS OF the STATE OF WYOMING, as the receiver of the now insolvent Stockmens Bank and Trust Company, a Wyoming Banking Corporation, and as such, also the successor to the said Stockmens Bank and Trust Company as sponsor and administrator of the pension plan of the Stockmens Bank and Trust Company and successor corporate trustee of that certain pension plan trust fund thereunder maintained, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 8, 1991.


Attorney(s) appearing for the Case

Robert James Wyatt, of Burgess, Davis, Carmichael & Cannon, Sheridan, Wyo., for plaintiff-appellee.

John F. Zabriskie (Thomas M. Hogan with him on the brief) of Hopkins & Sutter, Chicago, Ill., for defendant-appellant.

Before MOORE and EBEL, Circuit Judges, and ANDERSON, District Judge.


JOHN P. MOORE, Circuit Judge.

The FDIC, as receiver of the Stockmens Bank and Trust Co. of Gillette, Wyoming (Stockmens), appeals from the district court's grant of summary judgment in favor of Gordon Outzen, the class representative for former employees of Stockmens who were participants in Stockmens' pension benefit plan (the Plan). Plaintiffs sued the FDIC for possession of certain assets of the Plan which the FDIC, as...

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