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ROTH v. AMERICAN HOSP. SUPPLY CORP.

No. 90-1134.

965 F.2d 862 (1992)

Leo ROTH, Plaintiff-Appellant, v. AMERICAN HOSPITAL SUPPLY CORPORATION; American Precision Plastics Corporation; a subsidiary of American Hospital Supply Corporation; American Hospital Supply Corporation Retirement Trust; Jerry K. Myers; Ralph V. Seaman; Robert H. Price; Herbert E. Walker; American Hospital Supply Corporation Retirement Plan; American Hospital Supply Corporation Employee Incentive Plan and American Hospital Supply Corporation Stock Ownership Plan, Defendants-Appellees, American Agronomics Corporation, Cross-Claim Plaintiff and Defendant.

United States Court of Appeals, Tenth Circuit.

May 27, 1992.

Attorney(s) appearing for the Case

Timothy J. Parsons and David B. Seserman of Gorsuch, Kirgis, Campbell, Walker and Grover, Denver, Colo., for plaintiff-appellant.

Deana Willingham Dagner and Wendelyn K. Walberg of Walberg, Dagner & Loyd, P.C., Englewood, Colo., for defendants-appellees.

Before LOGAN and SEYMOUR, Circuit Judges, and WINDER, District Judge.

SEYMOUR, Circuit Judge.

Leo Roth appeals from the district court's dismissal of his claims under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001 et seq. (1988). He contends that he was an "employee" of American Hospital Supply (Hospital Supply) as contemplated by ERISA, id. at § 1002(6), and that he is therefore entitled to collect that company's pension benefits. The district court, as the trier of fact, held at the close...

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