MATASSARIN v. LYNCH

No. 97-51081.

174 F.3d 549 (1999)

Patricia J. MATASSARIN, Individually, for and on behalf of The Great Empire Broadcasting Employee Stock Ownership Plan and its Beneficiaries; for and on behalf of that class of persons, participants and/or Beneficiaries of The Great Empire Broadcasting Employee Stock Ownership Plan, Past or Present, Defrauded, Plaintiff-Appellant, v. F.F. Mike LYNCH, Individually and as Trustee for The Great Empire Broadcasting Employee Stock Ownership Plan (ESOP); Michael C. Oatman, Individually and as Trustee for The Great Empire Broadcasting Employee Stock Ownership Plan (ESOP); Danny E. Jenkins, Individually and as former Trustee of the ESOP and Agent of the Trustees and Agent of the Administrator of The Great Empire Broadcasting Employee Stock Ownership Plan; Great Empire Broadcasting, Inc., Individually and as a Plan Administrator for The Great Empire Broadcasting Employee Stock Ownership Plan, and The Great Empire Broadcasting Employee Stock Ownership Plan "Administrative Committee"; Great Empire Broadcasting Inc., Individually and as Plan Administrator for the Great Empire Broadcasting Employee Stock Ownership Plan; Karen K. Warner, CPA, Individually and as a member of the Great Empire Broadcasting Employee Stock Ownership Plan "Administrative Committee"; Unknown Members of the "Board Of Directors", of the Great Empire Broadcasting Employee Stock Ownership Plan; Menke & Associates, Inc.; Don T. Buford; Curtis W. Brown, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 27, 1999.


Attorney(s) appearing for the Case

Patricia J. Matassarin, San Antonio, TX, pro se.

W. Wendell Hall, Joseph B. Friedman, Jr., Robert Gilchrist Newman, Lucie Frost Webb, Fulbright & Jaworski, San Antonio, TX, for Lynch, Oatman, Jenkins, Great Empire Broadcasting, Inc., Warner, Buford and Brown.

Michael Lamoine Holland, Cox & Smith Incorporated, San Antonio, TX, for Menke & Associates, Inc.

Before EMILIO M. GARZA, BENAVIDES and DENNIS, Circuit Judges.


BENAVIDES, Circuit Judge:

Plaintiff Patricia Matassarin appeals the district court's grants of summary judgment dismissing her ERISA and securities claims. We affirm.

I

In this unusual employee benefits matter, Patricia Matassarin, who is the plaintiff/appellant and the current plaintiff's attorney of record, brought suit against the Great Empire Broadcasting, Inc. ("Great Empire") employee stock...

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