LeBLANC v. CAHILL

Nos. 96-2046, 96-2848.

153 F.3d 134 (1998)

Marc E. LeBLANC, Administrator of the Sheet Metal Workers' National Pension Fund; Sheet Metal Workers' National Pension Fund; John Harrington, in his capacity as a participant in the Sheet Metal Workers' National Pension Fund, 15 Garden Drive, Lynbrook, NY 11563; Arthur Moore, in his capacity as Trustee of the Sheet Metal Workers' National Pension Fund; Alan J. Chermak, in his capacity as National Pension Fund Trustee; Matthew B. Hernandez, Jr., in his capacity as National Pension Fund Trustee; Clinton O. Gowan, Jr., in his capacity as National Pension Fund Trustee; Ronald Palmerick, in his capacity as National Pension Fund Trustee; Bruce Stockwell, in his capacity as National Pension Fund Trustee, Plaintiffs-Appellants, v. Lawrence A. CAHILL; Kenneth M. Cahill; James W. Beck; Charles E. Underbrink; Larken, Incorporated; Larken Properties, Incorporated, Defendants-Appellees, and Edward Williams; Oakleigh J. Thorne; Thorne Consultants, Incorporated; Rick Mandrell; Edward J. Carlough; Gordon Jones; Cavet Snyder; June M. Carlough, in her capacity as the Administratrix of the Estate of Edward J. Carlough; Judith L. Boyce Jones, in her capacity as representative of the estate of Gordon Jones, Defendants. Secretary of Labor, Amicus Curiae. Mark E. LeBLANC, Administrator of the Sheet Metal Workers' National Pension Fund; Sheet Metal Workers' National Pension Fund; John Harrington, in his capacity as a participant in the Sheet Metal Workers' National Pension Fund, 15 Garden Drive, Lynbrook, NY 11563, Plaintiffs-Appellants, and Arthur Moore, in his capacity as Trustee of the Sheet Metal Workers' National Pension Fund; Alan J. Chermak, in his capacity as National Pension Fund Trustee; Matthew B. Hernandez, Jr., in his capacity as National Pension Fund Trustee; Clinton O. Gowan, Jr., in his capacity as National Pension Fund Trustee; Ronald Palmerick, in his capacity as National Pension Fund Trustee; Bruce Stockwell, in his capacity as National Pension Fund Trustee, Plaintiffs, v. Lawrence A. CAHILL; Kenneth M. Cahill; James W. Beck; Charles E. Underbrink; Larken, Incorporated; Larken Properties, Incorporated, Defendants-Appellees, Popham, Haik, Schnobrich & Kaufman, Limited, (as to Larken defendants proposed fees and costs), Intervenor-Appellee, and Oakleigh J. Thorne, Thorne Consultants, Incorporated; Rick Mandrell; Gordon Jones; Cavet Snyder; June M. Carlough, in her capacity as the Administratrix of the estate of Edward J. Carlough, Defendants. Secretary of Labor, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided August 11, 1998.


Attorney(s) appearing for the Case

ARGUED: John O'Brien Clarke, Jr., Highsaw, Mahoney & Clarke, P.C., Washington, D.C., for Appellants. Elizabeth Hopkins, United States Department of Labor, Washington, D.C., for Amicus Curiae. Mark Fox Evens, Reid & Priest, L.L.P., Washington, D.C.; Thomas William Pahl, Kelly & Berens, P.A., Minneapolis, Minnesota, for Appellees. ON BRIEF: L. Pat Wynns, Melissa B. Kirgis, Highsaw, Mahoney & Clarke, P.C., Washington, D.C., for Appellants. J. Davitt McAteer, Acting Solicitor of Labor, Allen H. Feldman, Associate Solicitor for Special Appellate and Supreme Court Litigation, United States Department of Labor, Washington, D.C., for Amicus Curiae. Christopher Connolly, Brendan M. Donnell, Jr., Reid & Priest, L.L.P., Washington, D.C.; Timothy D. Kelly, Kelly & Berens, P.A., Minneapolis, Minnesota; Craig C. Reilly, Richards, McGettigan, Reilly & West, P.C., Alexandria, Virginia, for Appellees.

Before MURNAGHAN and HAMILTON, Circuit Judges, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.


Affirmed in part, vacated in part, and remanded by published opinion. Judge HAMILTON wrote the opinion, in which Judge MURNAGHAN and Senior Judge MICHAEL joined.

OPINION

HAMILTON, Circuit Judge:

In this appeal, we decide three issues of first impression in our circuit under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. The first issue is whether ERISA § 514(a), 29 U.S.C. § 1144(a), which...

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