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CORBIN v. BLANKENBURG

No. 92-1540.

39 F.3d 650 (1994)

Gary CORBIN, Plaintiff-Appellant, v. Karl BLANKENBURG; John Cruz; Charles Furlotte; Robert Kuschel; Joseph Laughhunn; Robert Ledbetter; David Margolis; David McEachin; Robert Stephens; Jerome Wilson; Robert Udell, Present or Former Trustees of the Pattern & Model Makers Association of Warren & Vicinity Pension Fund (Defined Benefit); Mid-Continental Claim Service and Administrators, Inc.; Gary Novara; and Laurence Breskin, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 4, 1994.

Attorney(s) appearing for the Case

A. Read Cone, III (briefed) and R. Ian Hunter (argued and briefed), Dean & Fulkerson, Troy, MI, for plaintiff-appellant.

Leo Nouhan (briefed), Lorrey Michela (argued), H. David Kelly, Jr., and Ronald A. Weglarz, Novara & Tesija, Southfield, MI, for defendants-appellees.

Before: MERRITT, Chief Judge; and CELEBREZZE, KEITH, KENNEDY, MARTIN, JONES, MILBURN, GUY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER and DAUGHTREY, Circuit Judges.

NELSON, J., delivered the opinion of the court, in which MERRITT, C.J., and KENNEDY, JONES, MILBURN, GUY, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER and DAUGHTREY, JJ., joined. CELEBREZZE, J. (pp. 655-58), delivered a separate dissenting opinion, in which KEITH and MARTIN, JJ., joined, with BOYCE F. MARTIN, Jr., J. (p. 658), also delivering a separate dissenting opinion.

DAVID A. NELSON, Circuit Judge.

Where a trustee commences a lawsuit in his fiduciary...

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