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METZLER v. GRAHAM

No. 95-11129.

112 F.3d 207 (1997)

Cynthia A. METZLER, Secretary of the United States Department of Labor, Plaintiff-Appellant, v. Jack V. GRAHAM, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 13, 1997.

Attorney(s) appearing for the Case

George William Scott, Wayne R. Berry, U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Plaintiff-Appellant.

Mark Hamblin How, Pieter Johannes Tredoux, Short, Hein, Lozano, Frels & Tredoux, Dallas, TX, for Defendant-Appellee.

Before JOLLY, JONES and PARKER, Circuit Judges.

EDITH H. JONES, Circuit Judge:

The Secretary of the United States Department of Labor alleges that Jack V. Graham violated his fiduciary duties under the Employee Retirement Income Security Act ("ERISA") as plan administrator of the Graham Associates, Inc. ("GAI") pension plan by failing to diversify the plan investments and by self-dealing. Specifically, the Secretary complains that Graham failed to diversify the plan assets by investing 63% of them in a single tract...

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