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RODRIGUES v. HERMAN

No. 96-15387.

121 F.3d 1352 (1997)

Jess A. RODRIGUES, Plaintiff-Appellant, v. Alexis M. HERMAN, Secretary of Labor; U.S. Department of Labor, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 19, 1997.

Attorney(s) appearing for the Case

Anthony T. Karachale, Horan, Lloyd, Karachale, Dyer, Schwartz, Law & Cook, Monterey, CA, for Plaintiff-Appellant.

Alexander Fernandez and Suzanne Windle, United States Department of Labor, Washington, DC, for Defendants-Appellees.

Before: HUG, Chief Judge, CHOY and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

From 1978 to 1991, Jess Rodrigues was the co-trustee of two employee benefit plans (the "Plans") maintained by California Housing Securities, Inc. He was also an employee of the company and a participant in the Plans. The Plans, which have been terminated, were governed by ERISA.1

In 1983, Rodrigues became one of the five partners in the Dublin Land Company ("DLC"). DLC acquired a large development...

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