CROTTY v. COOK

No. 96-15576.

121 F.3d 541 (1997)

John T. CROTTY and Suzanne S. Crotty, husband and wife, Plaintiffs-Appellants, v. J. Gordon COOK, as Trustee for the Pension and Profit Sharing Plans of Renaud, Cook, Videan, Geiger & Drury, P.A., an Arizona professional corporation and as a partner, shareholder, equity owner, director and/or officer, actual or de facto, of Renaud, Cook, Videan, Geiger & Drury, P.A.; Renaud, Cook, Videan, Geiger & Drury, P.A., an Arizona professional corporation; William W. Drury, Jr., as a partner, shareholder, equity owner, director and/or officer, actual or de facto, of Renaud, Cook, Videan, Geiger & Drury, P.A., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 15, 1997.


Attorney(s) appearing for the Case

Stephen E. Silver, Burch & Cracchiolo, Phoenix, AZ, for plaintiffs-appellants.

Richard A. Segal, Gust Rosenfeld, Phoenix, AZ, for defendants-appellees.

Mark S. Flynn, United States Department of Justice, Washington, DC, for the Secretary of Labor, as amicus curiae.

Before: PREGERSON, JOHN T. NOONAN, Jr., and KLEINFELD, Circuit Judges.


PREGERSON, Circuit Judge:

Appellants John T. Crotty and his wife, Suzanne S. Crotty, appeal the district court's grant of summary judgment in favor of Appellees. John Crotty, an attorney, participated in the "profit sharing plan" and the "money purchase plan" (together the "Plans") at the law firm where he worked. He contends that the administrator of the Plans withheld his ERISA benefits and failed to provide certain requested information, including

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