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REICH v. STANGL

No. 94-4096.

73 F.3d 1027 (1996)

Robert B. REICH, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. Franz G. STANGL, Defendant-Appellee, Davidson Lumber Sales, Inc., Employees Retirement Plan, and David R. Davidson, Jr., Defendants.

United States Court of Appeals, Tenth Circuit.

January 10, 1996.

Attorney(s) appearing for the Case

Michael Alan Schloss, United States Department of Labor, Washington, DC, Thomas S. Williamson and Karen L. Handort, United States Department of Labor, Office of Solicitor, Washington, DC, and Marc I. Machiz, Associate Solicitor, Plan Benefits Security Division, Washington, DC (with them on the briefs), appearing for plaintiff-appellant.

Dean C. Andreasen (Robert E. Mansfield, with him on the briefs), Campbell, Maack & Sessions, Salt Lake City, Utah, appearing for defendant-appellee.

Before BRORBY, KELLY, and HENRY, Circuit Judges.

HENRY, Circuit Judge.

Plaintiff-appellant, the Secretary of Labor (the Secretary), appeals the district court's summary judgment order dismissing his claims against the defendant-appellee Franz C. Stangl. The Secretary brought this action under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, alleging that Mr. Stangl was a party in interest who had engaged in prohibited transactions. The Secretary sought restitution of...

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