PARKER v. BAIN

No. 94-55123.

68 F.3d 1131 (1995)

G. Steven PARKER, Plaintiff-Appellant, v. David L. BAIN, Esq.; Pacific Ship Repair & Fabrication Profit Sharing Plan, Inc.; Bank of America National Trust & Savings Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1995.


Attorney(s) appearing for the Case

Jerry Michael Suppa and Samy S. Henein, Suppa, Highnote & Lee, San Diego, California, for plaintiff-appellant.

Edward D. Vogel, David M. Beckwith and Karin Dougan Vogel, Sheppard, Mullin, Richter & Hampton, San Diego, California, for defendant-appellee Pacific Ship Repair and Fabrication Profit Sharing Savings Plan.

Richard M. Segal, Pillsbury, Madison & Sutro, San Diego, California, for defendant-appellee Bank of America National Trust and Savings Association.

Before: HALL and LEAVY, Circuit Judges, and LEVI, District Judge.


HALL, Circuit Judge:

Steven Parker was co-owner of a ship repair company. In order to prevent the company from financial ruin, he stole funds from his company's pension plan (the Plan) and transferred the funds into his company's general account. He was prosecuted and pleaded guilty to several federal charges.

A complex round of civil litigation then ensued. This appeal involves Parker, the Plan, and Bank of America, which is the trustee of the Plan. The district...

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