WALKER v. NATIONAL CITY BANK OF MINNEAPOLIS

No. 93-1976.

18 F.3d 630 (1994)

Patrick J. WALKER; Joe A. Young; Loren Q. Quitevis; John Peterson, Appellants, v. NATIONAL CITY BANK OF MINNEAPOLIS, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 14, 1994.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of appellant was Neal J. Shapiro, Minneapolis, MN. Additional atty. appearing on the brief was Matthew B. Newman.

Counsel who presented argument on behalf of appellee was Robert V. Atmore, Minneapolis, MN. Additional atty. appearing on the brief was Mark A. Jacobson.

Before MORRIS SHEPPARD ARNOLD, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and WOODS, District Judge.


HENRY WOODS, District Judge.

The district court1 granted summary judgment in favor of National City Bank (hereinafter "NCB") in this ERISA action where NCB acted as trustee for the ERISA plan under which plaintiffs were beneficiaries. This court reviews the district court's granting of summary judgment de novo. The summary judgment cannot stand unless the court is convinced that there is no genuine issue as to any material fact...

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