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BORDA v. HARDY, LEWIS, POLLARD & PAGE, P.C.

No. 97-1004.

138 F.3d 1062 (1998)

Walter J. BORDA, Plaintiff-Appellant, v. HARDY, LEWIS, POLLARD & PAGE, P.C.; Hardy, Lewis, Pollard & Page, P.C. Profit Sharing Plan; and David M. Davis and Patrick M. Higdon, the plan's named fiduciaries, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 5, 1998.

Attorney(s) appearing for the Case

J.R. Wheatley (argued and briefed), Strobl & Borda, Bloomfield Hills, MI, for Walter J. Borda.

David M. Davis (argued and briefed), Hardy, Lewis & Page, Birmingham, MI, for Hardy, Lewis, Pollard & Page, P.C., Hardy, Lewis, Pollard & Page, P.C. Profit Sharing Plan, and David M. Davis.

David M. Davis, Hardy, Lewis & Page, Birmingham, MI, Neil H. Goodman, Patrick M. Higdon, Pollard & Albertson, Bloomfield Hills, MI, for Patrick M. Higdon.

Before: NELSON and DAUGHTREY, Circuit Judges; CARR, District Judge.

OPINION

DAVID A. NELSON, Circuit Judge.

As a former participant in the profit sharing plan of a professional corporation by which he had been employed, the plaintiff in this ERISA case chose not to withdraw his vested share of the plan's assets after he quit his job. Under the terms of the plan, this meant that his non-vested share of an account funded by employer contributions was to be credited to a suspense account pending forfeiture or further vesting...

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