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AIRPARTS CO. v. CUSTOM BEN. SERVICES OF AUSTIN

No. 92-1424-PFK.

828 F.Supp. 870 (1993)

AIRPARTS COMPANY, INC., a Kansas Corporation; and Marta E. Maxwell and Terry A. Gardner, Each In Their Capacity as Co-Trustees of the Airparts Company, Inc. Defined Benefit Pension Plan and Trust, Plaintiffs, v. CUSTOM BENEFIT SERVICES OF AUSTIN, INC., d/b/a First Actuarial Corporation, a Texas Corporation, Defendant.

United States District Court, D. Kansas.

Order Denying Reconsideration July 29, 1993.

Attorney(s) appearing for the Case

Paul Arabia, Wichita, KS, for plaintiffs.

Ann T. Rider, of Martin, Pringle, Oliver, Wallace & Swartz, Wichita, KS, Joseph H. Bocock, of McAfee & Taft, Oklahoma City, OK, for defendant.

MEMORANDUM AND ORDER

PATRICK F. KELLY, Chief Judge.

Plaintiffs allege three claims based on negligence, indemnity and common-law fraud against defendant First Actuarial Corporation. Plaintiffs, who are comprised of both the Airparts Company and the trustees of the company's pension plan, contend that defendant failed to properly administer Airparts Company's defined benefit pension plan and trust. Arguing that provisions of the Employee Retirement Income...

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