1. Home
  2. Browse Decisions
  3. F.3d
  4. 107 F.3d
  5. 107 F.3d 400 (1997)
 

JOHNSON'S DAIRY v. WESTERN RESERVE LIFE ASSUR. CO.

No. 95-5984.

107 F.3d 400 (1997)

JOHNSON'S DAIRY, INC., and James Johnson and John Johnson, Successor Co-Trustees of Johnson's Dairy, Inc., Defined Benefit Pension Plan and Trust, Plaintiffs-Appellants, v. WESTERN RESERVE LIFE ASSURANCE COMPANY OF OHIO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 20, 1997.

Attorney(s) appearing for the Case

Michael K. Lett (argued and briefed), Gray, Woods & Cooper, Ashland, KY, for Plaintiffs-Appellants.

Robert W. Griffith (argued), Michael I. Kanovitz (briefed), Stites & Harbison, Louisville, KY, for Defendant-Appellee.

Before: MERRITT and COLE, Circuit Judges; DUGGAN, District Judge.

MERRITT, J., delivered the opinion of the court, in which COLE, J., joined. DUGGAN, D.J. (pp. 402-03), delivered a separate dissenting opinion.

MERRITT, Circuit Judge.

According to the complaint in this case, dismissed by the court below for failure to state a claim under Rule 12(b)(6), Johnson's Dairy hired Western Reserve Life to manage its pension funds. An agent of Western Reserve, one David Lambert, was the person assigned to the account. Lambert embezzled...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases