CLINE v. INDUSTRIAL MAINTENANCE ENG. & CONTRACTING

Nos. 98-16025, 98-16546, 98-16560, 98-16616.

200 F.3d 1223 (2000)

Thomas CLINE; Timothy Irving; Keith Riney; Dennis Trammell each on his own behalf and on behalf of all the employees similarly situated, Plaintiffs-Appellants, v. THE INDUSTRIAL MAINTENANCE ENGINEERING & CONTRACTING CO.; George R. Beltz, individually and in his official capacity as International President of the I.U.P.I.W. and as a fiduciary; Pamela Barlow, individually and in her official capacity as Secretary-Treasurer of the I.U.P.I.W. and as a fiduciary; Joe Beltz, individually and in his official capacity as Vice President of the I.U.P.I.W. and as a fiduciary; Thomas Walsh, individually and in his capacity as fiduciary; Maurice Lampley, individually and in his capacity as fiduciary; John Delaney, individually and in his capacity as a fiduciary; Harold Johnson, individually and in his capacity as a fiduciary; Robert Ortega, individually and in his capacity as a fiduciary; Geoffrey Beltz, individually and in his capacity as a fiduciary; Oak Tree Administrators, Inc.; ERISA, regulated employee benefit plan; International Union of Petroleum & Industrial Workers Canadian Benefit Fund; Great West Life and Annuity Co., Defendants-Appellees. The Industrial Maintenance Engineering & Contracting Co.; Geoffrey Beltz, individually and in his capacity as a fiduciary; Oak Tree Administrators, Inc., ERISA, regulated employee benefit plan; Great West Life & Annuity Co., Defendants, and George R. Beltz, individually and in his official capacity as International President of the I.U.P.I.W. and as a fiduciary; Pamela Barlow, individually and in her official capacity as Secretary-Treasurer of the I.U.P.I.W. and as a fiduciary; Joe Beltz, individually and in his official capacity as Vice President of the I.U.P.I.W. and as a fiduciary; Thomas Walsh, individually and in his capacity as fiduciary; Maurice Lampley, individually and in his capacity as fiduciary; John Delaney, individually and in his capacity as a fiduciary; Harold Johnson, individually and in his capacity as a fiduciary; Robert Ortega, individually and in his capacity as a fiduciary; International Union of Petroleum & Industrial Workers Canadian Benefit Fund; Great West Life and Annuity Co., Defendants-Appellants, v. Thomas Cline; Timothy Irving; Keith Riney; Dennis Trammell, Plaintiffs-Appellees. Thomas Cline; Timothy Irving; Keith Riney; Dennis Trammell, Plaintiffs-Appellees, v. The Industrial Maintenance Engineering & Contracting Co.; Defendant-Appellant, George R. Beltz, individually and in his official capacity as International President of the I.U.P.I.W. and as a fiduciary; Pamela Barlow, individually and in her official capacity as Secretary-Treasurer of the I.U.P.I.W. and as a fiduciary; Joe Beltz, individually and in his official capacity as Vice President of the I.U.P.I.W. and as a fiduciary; Thomas Walsh, Individually and in his capacity as fiduciary; Maurice Lampley, individually and in his capacity as fiduciary; John Delaney, individually and in his capacity as fiduciary, Defendants. Thomas Cline; Timothy Irving; Keith Riney; Dennis Trammell, Plaintiffs-Appellees, v. The Industrial Maintenance Engineering & Contracting Co., Defendant, and Great West Life and Annuity Co., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 11, 2000.


Attorney(s) appearing for the Case

David A. Rosenfeld, Van Bourg, Weinberg, Roger & Rosenfeld, Oakland, California, for the plaintiffs-appellants and cross-appellees.

James P. Baker, Brobeck, Phleger & Harrison, San Francisco, California, for defendant-appellee and cross-appellants The Industrial Maintenance Engineering & Contracting Company; Steuart H. Thompson, Sutherland, Asbill & Brennan, Washington, D.C., for defendant-appellee and cross-appellant Great-West Life & Annuity Insurance Company.

Before: GOODWIN, SCHROEDER, and ALARCON, Circuit Judges.


GOODWIN, Circuit Judge:

These consolidated appeals arise out of an attempted class action brought to impose ERISA status and liability upon an employee benefit plan which the defendants assert is an IRA plan not covered by Parts 2 and 3 of Title I of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. The District Court granted summary judgments. The plaintiffs have appealed the judgments, and the defendants have appealed the denial...

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