GLAZIERS & GLASSWORKERS v. NEWBRIDGE SECURITIES

Nos. 95-1175, 95-1215 and 95-1283.

93 F.3d 1171 (1996)

GLAZIERS AND GLASSWORKERS UNION LOCAL NO. 252 ANNUITY FUND; Glaziers and Glassworkers Union Local No. 252 Vacation Fund; Glaziers and Glassworkers Union Local No. 252 Pension Fund; Glaziers and Glassworkers Union Local No. 252 Health Fund; Glaziers and Glassworkers Union Local No. 252 Health and Welfare Fund; Glaziers and Glassworkers Union Local No. 252 Apprentice Fund; Sean McGarvey, in his fiduciary capacity; and Martin Rosenberg, in his fiduciary capacity, Appellants, v. NEWBRIDGE SECURITIES, INC.; Janney Montgomery Scott, Inc.; Richard L. Socket; James A. Williams; James C. Arsenault; Joseph T. Falotico; Edward J. Berkowitz; Larry R. Golbeski; Joseph E. Davis; Bernard Gelenberg; Joseph T. Ashdale; Barry Shore; Anthony D'Angelo; Jungers, O'Connel & Bacheler, P.C.; John P. Jungers, Equibank, Inc. (as successor in interest to Liberty Savings Bank); John Does I-X; and Provident National Bank.

United States Court of Appeals, Third Circuit.

Decided August 28, 1996.

Sur Petition for Rehearing September 24, 1996.


Attorney(s) appearing for the Case

Ira B. Silverstein (argued), Lisa B. Carney, Fox, Rothschild, O'Brien & Frankel, Philadelphia, PA, Leslie M. Gerstein, Philadelphia, PA, for Appellants.

Elizabeth H. Fay (argued), Karen P. Pohlmann, Morgan, Lewis & Bockius, Philadelphia, PA, for Appellees.

Before: STAPLETON, McKEE, Circuit Judges, and GIBSON, Senior Circuit Judge.


OPINION OF THE COURT

McKEE, Circuit Judge.

We are called upon to determine the scope of the fiduciary duty owed by a broker-dealer of securities under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), 29 U.S.C. § 1104(a) in the rather narrow circumstances presented by this appeal. Various employee benefit funds sued Janney Montgomery Scott, Inc. ("Janney") alleging that Janney's failure...

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