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WALLER v. BLUE CROSS OF CALIFORNIA

No. 92-55487.

32 F.3d 1337 (1994)

Gerald E. WALLER; Robert C. Bryson; Harold Kurofsky; James E. Fenningham; Elizabeth Montgomery; Walter Boge, on Behalf of Themselves and All Others Similarly Situated and Derivatively on Behalf of the Former Non-Contributory Retirement Program for Certain Employees of Blue Cross of California, Plaintiffs-Appellants, v. BLUE CROSS OF CALIFORNIA, Blue Cross and Blue Shield Association and Leonard D. Schaeffer, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 5, 1994.

Attorney(s) appearing for the Case

Michael A. Sherman, Barrack, Rodos & Bacine, San Diego, CA, and Leonard Barrack, Barrack, Rodos & Bacine, Philadelphia, PA, and William S. Lerach, Milberg, Weiss, Bershad, Spechrie & Lerach, San Diego, CA, for plaintiffs-appellants.

James C. Martin and Kurt C. Peterson, Crosby, Heafey, Roach & May; Jeffrey S. Davidson, Alexander F. MacKinnon, Kirkland & Ellis, Los Angeles, CA; James W. Rankin; and James R. Grimes, Chicago, IL, for defendants-appellees.

Philip R. Hertz, Washington, DC, for amicus Pension Benefit Guar. Corp.

Susan M. Green, Washington, DC, for amicus Secretary of Labor.

Before NORRIS, WIGGINS, and O'SCANNLAIN, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

Plaintiffs-appellants brought this action under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et. seq. ("ERISA"), alleging that defendants-appellees breached their fiduciary duty to the plan by imprudently choosing annuity providers to cover plan liabilities as part of terminating plaintiffs' plan. Without opinion, the district court granted defendants' motion to dismiss the Second Amended...

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