COSGROVE v. CIRCLE K CORP.

No. CV 89-321 TUC JMR.

871 F.Supp. 1248 (1994)

Thomas COSGROVE, et al., Plaintiffs, v. CIRCLE K CORPORATION, et al., Defendants.

United States District Court, D. Arizona.

December 23, 1994.


Attorney(s) appearing for the Case

Erik M. O'Dowd, O'Dowd, Burke & Lundquist, P.C. Tucson, AZ, for plaintiffs.

Streich Lang, P.A. by Susan Boswell and Craig Kaufman, Tucson, AZ, for defendant Circle K.

Lillick & Charles by D. Ward Kallstrom and Randall S. Farrimond, San Francisco, CA, for defendant Fred Hervey.

Pettit & Martin by Thomas P. Burke and Daniel Weisberg, Los Angeles, CA, for defendants Karl and Joan Eller.


ROLL, District Judge.

Plaintiffs Cosgrove, et al. are members of the Fred Hervey Interests Employees' Benefits Plan (the Plan), a pension plan created by Circle K. This class action alleges that Circle K and trustees of the Plan engaged in a prohibited transaction when Circle K acquired the Plan's interest in certain property. The Court has under advisement plaintiffs' motion for partial summary judgment regarding (1) whether the sale constituted a prohibited transaction...

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