No. 93-15598.

64 F.3d 1397 (1995)

Robert V. BARKER; Calvin A. Brown; Local 39 International Union of Operating Engineers, Stationary Engineers, in its representative capacity, Plaintiffs-Appellants, v. AMERICAN MOBIL POWER CORPORATION, Defendant, and John A. Ayres, individually; William Bro; W. Douglass Smith, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 8, 1995.

As Amended November 15, 1995.

Attorney(s) appearing for the Case

M. Catherine Jones, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, CA, for plaintiffs-appellants.

Vernon M. Winters, Cooley, Godward, Castro, Huddleson & Tatum, San Francisco, CA, for defendants-appellees W. Douglas Smith and L. William Bro.

Eric O. Nieman, Moore, Sizoo & Nieman, Walnut Creek, CA, for defendant-appellee John A. Ayres.

Before: FARRIS, BOOCHEVER, and BRUNETTI, Circuit Judges.

Per Curiam; Dissent by Judge FARRIS.


The plaintiffs brought this action against three former fiduciaries of an employee retirement plan. The plaintiffs alleged that the fiduciaries breached their duties under Section 404 of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1104. Finding that ERISA's statute of limitations had run on the plaintiffs' claims with respect to two of the former fiduciaries, the district court granted...

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