CALIFORNIA IRONWORKERS FIELD PENSION TRUST v. LOOMIS SAYLES & COMPANY

Nos. 99-56520, 99-56522

259 F.3d 1036 (2001)

CALIFORNIA IRONWORKERS FIELD PENSION TRUST, a jointly trusteed management labor trust fund; California and Vicinity Field Ironworkers Annuity Trust, a jointly trusteed management labor trust fund; California Ironworkers Field Welfare Plan; Richard Zampa, Michael Newington; Thomas J. Bernsen; Jim Butner; James Murphy; James Pruett; Joe Roth; Joe Standley; Elwood Tweet; Gene Vick; Glenn Bustrum; John Everhart; Richard Hoertig; Charles Krebs; Nick Lee; Stephen P. Lyons; John Ware; Dave Mceuen, in their capacities as trustees of each of the aforesaid trust funds, Plaintiffs-Appellants-Cross-Appellees, v. LOOMIS SAYLES & COMPANY, a limited partnership; Loomis Sayles & Company, Inc., a corporation, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2001


Attorney(s) appearing for the Case

James P. Watson, Stanton, Kay & Watson, LLP, San Francisco, California; Michael B. Roger, Christian L. Raisner, Van Bourg, Weinberg, Roger & Rosenfeld, Oakland, California; and Joseph A. Creitz, Law Offices of Joseph A. Creitz, Walnut Creek, California, for the plaintiffs-appellants-cross-appellees.

Sandra Tichenor, Loomis, Sayles & Co., LLP, San Francisco, California; and Paul J. Ondrasik, Jr., John R. Labovitz, Eric G. Serron, Steptoe & Johnson, LLP, Washington, D.C., for the defendants-appellees-cross-appellants.

Before: Alex Kozinski and Richard C. Tallman, Circuit Judges, and Jeremy Fogel, District Judge.


FOGEL, District Judge:

Before the Court are an appeal and cross-appeal from a final judgment in an ERISA2 action in which three employee benefit trust funds (collectively the "Trusts") and their Trustees sued investment managers for breach of fiduciary duties and related claims. Following a bench trial, the district court found that the investment managers, Loomis Sayles & Company, LLP and Loomis Sayles & Company, Inc. (collectively...

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