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PHYSICIANS HEALTHCHOICE v. TRUSTEES OF AUTOMOTIVE EMP. BENEFIT TRUST

No. 92-1699.

988 F.2d 53 (1993)

PHYSICIANS HEALTHCHOICE, INC., as assignee of the rights of certain members of the Automotive Employee Benefit Trust, Plaintiff-Appellant, v. The TRUSTEES OF the AUTOMOTIVE EMPLOYEE BENEFIT TRUST, including Alfred S. Brodie, Joseph Garbina, Gerald R. Kottschade, Florence Markert, and other presently unidentified "John Doe" individuals, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 10, 1993.

Attorney(s) appearing for the Case

Keith J. Halleland, Minneapolis, MN, argued, for plaintiff-appellant.

Robert T. Torgerson and Gaylord W. Swelbar, Duluth, MN, argued, for defendants-appellees.

Before BOWMAN, Circuit Judge, LAY, Senior Circuit Judge, and LOKEN, Circuit Judge.

LOKEN, Circuit Judge.

In this case, Physicians HealthChoice, Inc. ("PHC"), a creditor of a defunct multi-employer welfare trust, seeks to collect a $1,600,000 debt of the trust by suing the trustees for mismanaging the trust in violation of their fiduciary duties under ERISA. The district court1 granted summary judgment in favor of the trustees on the ground that PHC had failed to show actionable "losses to the plan" under 29 U.S.C. &...

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