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KERR v. CHARLES F. VATTEROTT & CO.

No. 98-1677.

184 F.3d 938 (1999)

Gerald W. KERR, Appellant, v. CHARLES F. VATTEROTT & CO.; Commerce Bank of St. Louis, N.A., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 12, 1999.

Attorney(s) appearing for the Case

Michael P. Stephens, St. Louis, MO, argued (Paula L. Colman, St. Louis, Mo, on the brief), for Appellant.

John E. Hilton, St. Louis, MO, argued (Donald R. Carmody, Michael J. Parnas, St. Louis, MO, on the brief), for Appellee.

BEFORE: RICHARD S. ARNOLD and HANSEN, Circuit Judges, and STROM, District Judge.

HANSEN, Circuit J.

Gerald Kerr, a participant in a pension plan, brought this ERISA action against Charles F. Vatterott & Co. (Vatterott & Co.) (the plan's administrator) and Commerce Bank, the plan's trustee. Though Vatterott & Co. eventually paid Kerr all of the accumulated funds in his account, Kerr sought a remedy for the three-and-a-half year delay in payment of the account and sought imposition of statutory penalties for failure to timely provide...

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