MORGAN v. INDEPENDENT DRIVERS ASS'N PENSION PLAN

Nos. 91-1029 & 91-1310.

975 F.2d 1467 (1992)

Rufus MORGAN, Thomas L. Stout, Ronald W. Shally, Henry F. Howe, Greg Tannenbaum, and Carl Fulkerson, Plaintiffs-Appellants, v. INDEPENDENT DRIVERS ASSOCIATION PENSION PLAN, William Scharmer, Trustee, George Whitehead, Trustee, and Clarence Washington, Trustee, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 22, 1992.


Attorney(s) appearing for the Case

Timothy J. Parsons (David B. Seserman and Dean C. Heizer, also of Gorsuch, Kirgis, Campbell, Walker and Grover, with him on the briefs) Denver, Colo., for plaintiffs-appellants.

James C. Ruh of Jensen Byrn Parsons Ruh & Tilton, Denver, Colo., for defendants-appellees.

Before McKAY, Chief Judge, LOGAN and BALDOCK, Circuit Judges.


LOGAN, Circuit Judge.

Plaintiffs, plan participants, brought suit under 29 U.S.C. § 1132, the civil enforcement provisions of the Employee Retirement Income Security Act of 1974 (ERISA), id. §§ 1001-1461, against the defendant trustees as administrators of the Independent Drivers Association Pension Plan (the plan). They alleged that the trustees breached their fiduciary duties when, in response to a change in funding method, the trustees adopted...

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