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IT CORP. v. GENERAL AMERICAN LIFE INS. CO.

No. 94-55947.

107 F.3d 1415 (1997)

IT CORPORATION; IT Corporation Benefit Plan; Harry Joseph Lukowski, Plaintiffs-Appellants, v. GENERAL AMERICAN LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 3, 1997.

Attorney(s) appearing for the Case

Sherril Nell Babcock, Gianelli & Morris, Los Angeles, California, for plaintiffs-appellants.

David L. Bacon (Argued), and James J. Moak (On the Briefs), Thelen, Marrin, Johnson & Bridges, Los Angeles, California, for defendant-appellee.

Before: HUG, C.J., and BEEZER and KLEINFELD, Circuit Judges.

OPINION

KLEINFELD, Circuit Judge:

The issue in this ERISA case is whether a health benefits plan administrator can be sued as a fiduciary. We conclude that in this case dismissal of the claims against the administrator was error, because of questions regarding the administrator's discretionary authority, and also its control of plan money.

Facts

The district court dismissed this action on the ground that the defendant was, under its contractual...

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