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GENERAL AMERICAN LIFE INS. CO. v. CASTONGUAY

No. 93-16560.

53 F.3d 1078 (1995)

GENERAL AMERICAN LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. Lee CASTONGUAY; Jerry Fitzpatrick; Charles Kilmer, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 9, 1995.

Attorney(s) appearing for the Case

James A. Carter, Carter & Carter, San Francisco, CA, for defendants-appellants.

William Hill and Michael David Alexander, Donahue, Gallagher, Thomas & Woods, Oakland, CA, for plaintiff-appellee.

Before: FLETCHER, REINHARDT and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

This case, a sequel to General American Life Ins. Co. v. Castonguay, 984 F.2d 1518 (9th Cir.1993), is an action by a creditor of an ERISA trust against the Trustees in their representative capacity. The creditor seeks to enforce a judgment against a portion of the assets of the trust which the Trustees contend were marked by practice as "in reserve," to be returned...

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