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UNGER v. US WEST, INC.

Civ. A. No. 94-B-2598.

889 F.Supp. 419 (1995)

Clayton UNGER, Individually, and as Representative of all plan participants and plan beneficiaries of the US West Pension Plan, Plaintiff, v. US WEST, INC., and US West, Inc. Employee's Benefit Committee, Defendants.

United States District Court, D. Colorado.

June 20, 1995.

Attorney(s) appearing for the Case

Curtis L. Kennedy, Denver, CO, for plaintiff.

Raymond W. Martin, Eiberger, Stacy, Smith & Martin, Denver, CO, D. Ward Kallstrom, Stacy M. Leopold, Lillick & Charles, San Francisco, CA, Russell P. Rowe, US West, Inc., Englewood, CO, Edward T. Ramey, Isaacson, Rosenbaum, Woods & Levy, P.C., Denver, CO, for defendants.

AMENDED MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

This is an action for damages for alleged breach of fiduciary duties. Jurisdiction exists under 28 U.S.C. § 1331 and 29 U.S.C. §§ 1001 et seq., the Employee Retirement Income Security Act (ERISA or the Act). Plaintiff Clayton Unger (Unger) alleges that defendants breached their fiduciary duties by paying the US West Pension Plan (the Plan) administrator's expenses out of Plan funds...

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