CONFER v. CUSTOM ENGINEERING CO.

No. 91-3259.

952 F.2d 34 (1991)

Ricky CONFER and Holly Confer, and Erie Indemnity Company, Appellants, v. CUSTOM ENGINEERING COMPANY, Theodore E. Flower and Peter Traphagen; Custom Engineering Co. Employee Benefit Plan, a/k/a Custom Engineering Co. Employee Health Benefit Program, Custom Engineering Company, Trustee v. SELF-FUNDED PLANS, INC., and Manufacturers Life Insurance Company, Third-Party Defendant.

United States Court of Appeals, Third Circuit.

Decided December 19, 1991.


Attorney(s) appearing for the Case

James D. McDonald, Jr. (argued), Daniel J. Pastore, James J. Stuczynski, Bernard Stuczynski & Bonanti, Erie, Pa., for appellants.

John M. Quinn, Jr. (argued), Kenneth W. Wargo, Quinn, Gent, Buseck and Leemhuis, Inc., Erie, Pa., for appellees.

Timothy J. Galanaugh (argued), Murphy and O'Connor, Haddonfield, N.J., for third-party defendant.

Before: MANSMANN, NYGAARD and SEITZ, Circuit Judges.


OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this ERISA action, we are asked to decide whether corporate officers of a plan administrator, as individuals, are fiduciaries under section 3(21)(A) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1002(21)(A). We must also decide whether a "plan supervisor," who denies a claim on the basis of a written plan document, is a fiduciary under section 3(21)(A). We hold that individual officers...

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