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OLSON v. E.F. HUTTON & CO., INC.

No. 91-1416.

957 F.2d 622 (1992)

Darwin A. OLSON; Michael J. Fogarty; Lyle R. Pappenfuss; C.O. Brown Agency, Inc., Administrator; C.O. Brown Agency, Inc., Profit Sharing Trust; C.O. Brown Agency, Inc., Pension Trust, Appellants, v. E.F. HUTTON & COMPANY, INC.; Shearson Lehman Hutton, Inc.; Kenneth H. Bayliss, Jr.; Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 27, 1992.

Attorney(s) appearing for the Case

Gary Hansen, St. Paul, Minn., argued (Peter E. Hintz, on the brief), for appellants.

Perry M. Wilson, III, Minneapolis, Minn., argued (J. Jackson, on the brief), for appellees.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

The district court granted summary judgment in favor of E.F. Hutton, Shearson Lehman Hutton, and Kenneth Bayliss (hereinafter referred to collectively as "the appellees"), ruling that the defendants were not fiduciaries with respect to two ERISA plans and that the certificates of deposit sold by the defendants were not securities. We vacate the judgment of the court and remand for further proceedings.

I. BACKGROUND<...

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