KUPER v. IOVENKO

No. 94-3688.

66 F.3d 1447 (1995)

Glenn KUPER and Cliff Jones, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Michael IOVENKO and H. Weston Clarke, Jr., Defendants-Appellees, Quantum Chemical Corporation, et al., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided October 4, 1995.


Attorney(s) appearing for the Case

Russell A. Kelm (argued and briefed), Juan Jose Perez, Schwartz, Kelm, Warren & Ramirez, Columbus, OH, for plaintiffs-appellants.

David T. Croall (briefed), James R. Adams, Frost & Jacobs, Cincinnati, OH, for Quantum Chemical Corp.

Eric M. Nelson (argued), Whitman, Breed, Abbott & Morgan, New York City, for Michael Iovenko, H. Weston Clarke, Jr.

Before: WELLFORD, MILBURN, and SUHRHEINRICH, Circuit Judges.


MILBURN, Circuit Judge.

Plaintiffs Glenn Kuper, Cliff Jones, and the class they represent, appeal the judgment of the district court for defendants Michael Iovenko and H. Weston Clarke, Jr. in this action, brought under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001, et seq., in which plaintiffs allege that defendants breached their fiduciary duties. On appeal, the issues are (1...

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