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BIXLER v. CENT. PA. TEAMSTERS HEALTH-WELFARE FUND

No. 93-7048.

12 F.3d 1292 (1993)

Lucinda BIXLER, Administratrix of the Estate of Vaughn Archie Bixler, Deceased; Heather Bixler, a minor, by Lucinda Bixler, her guardian v. CENTRAL PENNSYLVANIA TEAMSTERS HEALTH & WELFARE FUND; James C. Burns, Chairman and Trustee ad litem; William Baum, Secretary and Trustee ad litem; Vincent Dagen, Trustee ad litem; Edward Watkins, Trustee ad litem; John R. Kleinfelter; Administrator; Drivers Inc.; Charles E. Welsh, Lucinda Bixler, Administratrix of the Estate of Vaughn Archie Bixler, Deceased; Lucinda Bixler, in her own right; Heather Bixler, a Minor, by Lucinda Bixler, her guardian, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 28, 1993.

Attorney(s) appearing for the Case

Pamela G. Shuman (argued), Angino & Rovner, Harrisburg, PA, for appellants.

J. Kitridge Fegley, Jack G. Mancuso (argued), Brumbach, Mancuso & Fegley P.C., Reading, PA, for appellees Central Pennsylvania Teamsters Health & Welfare Fund, James C. Burns, William Baum, Vincent Dagen, Edward Watkins, and John R. Kleinfelter.

Stephen D. Shawe, Frances Taylor (argued), Shawe & Rosenthal, Baltimore, MD, Michael A. Finio, Goldberg, Katzman & Shipman, Harrisburg, PA, for appellees Driver, Inc. and Charles E. Welsh.

Before STAPLETON, HUTCHINSON and ROTH, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge:

Lucinda Bixler appeals from a district court order granting summary judgment in favor of the defendants Central Pennsylvania Teamsters Health and Welfare Fund (the "Fund") and Drivers, Inc. This case concerns the source and scope of an ERISA fiduciary's duty to one of its beneficiaries. We hold that a direct action for breach of fiduciary duty exists in the "other appropriate

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