REICH v. ROWE

No. 93-1567.

20 F.3d 25 (1994)

Robert B. REICH, Secretary of Labor, United States Department of Labor, Plaintiff, Appellant, v. Richard ROWE, etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 31, 1994.


Attorney(s) appearing for the Case

Edward D. Sieger, Sr. Appellate Atty., with whom Thomas S. Williamson, Jr., Sol. of Labor, Allen H. Feldman, Associate Sol. for Sp. Appellate and Supreme Court Litigation, Washington, DC, and Joseph S. Ackerstein, U.S. Dept. of Labor, Office of the Sol., Boston, MA, were on brief, for appellant.

William H. Kettlewell, with whom Dwyer, Collora & Gertner, Boston, MA, was on brief, for appellees.

Before TORRUELLA, CYR, and STAHL, Circuit Judges.


TORRUELLA, Circuit Judge.

We address in this case whether the civil enforcement provisions of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)-(l), provide for equitable relief against a nonfiduciary who knowingly participates in a fiduciary breach. This issue comes to us in the shadow of a recent United States Supreme Court opinion, Mertens v. Hewitt Associates, ___ U.S. ___, 113 S.Ct. 2063, 124 L.Ed.2d 161 (1993), which...

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