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THOMAS, HEAD AND GREISEN EMPLOYEES TRUST v. BUSTER

Nos. 94-35872, 95-35619.

95 F.3d 1449 (1996)

THOMAS, HEAD AND GREISEN EMPLOYEES TRUST; Ronald E. Greisen, and; Henry P. Head, Plaintiffs-Appellees, v. Jack B. BUSTER; Janice Sue Buster, aka Janice Sue Johnson; Horizons West, Inc., an Oregon Corporation; Scorpio, Inc., an Alaska Corporation; Western Investment Trust; Susan Benedict, Trustee, of the Western Investment Trust, Defendants-Appellants. THOMAS, HEAD AND GREISEN EMPLOYEES TRUST; Ronald E. Greisen, and; Henry P. Head, Plaintiffs-Appellees, v. Jack B. BUSTER; Janice Sue Buster, aka Janice Sue Johnson; Horizons West, Inc., an Oregon Corporation; Scorpio, Inc., an Alaska Corporation; Western Investment Trust; Susan Benedict, Trustee, of the Western Investment Trust, Defendants, Westwood Acres, Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 19, 1996.

Attorney(s) appearing for the Case

G. Jefferson Campbell, Jr., Medford, Oregon, for defendants-appellants.

A. Michael Zahare and Thomas L. Hause, Matthews & Zahare, P.C., Anchorage, Alaska, for plaintiffs-appellees.

A. Lee Petersen, Anchorage, Alaska, for intervenor-appellant.

Before: LAY, CHOY and LEAVY, Circuit Judges.

LAY, Senior Circuit Judge:

In Thomas, Head & Greisen Employees Trust v. Buster, 24 F.3d 1114 (9th Cir.1994), cert. denied, ___ U.S. ___, 115 S.Ct. 935, 130 L.Ed.2d 881 (1995), this court affirmed a judgment of $142,745.71 against Jack Buster and others not parties to this appeal under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1461. The district court ruled in favor of Thomas...

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