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ROTH v. SAWYER-CLEATOR LUMBER CO.

No. 93-1023.

16 F.3d 915 (1994)

Gerald G. ROTH; Logan M. Ammon, Appellants, v. SAWYER-CLEATOR LUMBER COMPANY, Employee Stock Ownership Plan; Charles J. Sawyer; Clifford E. Sawyer, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 16, 1994.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was George R. Serdar of Minneapolis, Minnesota.

Counsel who presented argument on behalf of the appellee was Marc J. Manderscheid of St. Paul, Minnesota. Appearing on the brief was Bruce J. McNeil.

Before MAGILL, Circuit Judge, HEANEY, Senior Circuit Judge, and HANSEN, Circuit Judge.

MAGILL, Circuit Judge.

Plaintiffs Gerald R. Roth and Logan M. Ammon appeal from the district court's order granting summary judgment to defendants Charles J. Sawyer and Clifford E. Sawyer (the trustees). The plaintiffs claim that the district court erred by finding that the trustees satisfied their fiduciary duties under ERISA1 by securing deferred payments of the plaintiffs' retirement benefits under an employee stock ownership plan ...

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