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IN RE HEMMETER

No. 99-55777.

242 F.3d 1186 (2001)

In re Christopher Bagwell HEMMETER and Patricia Kelley Hemmeter, Debtors. JOHN B. Blyler; Malcolm J. Corse, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Christopher Bagwell Hemmeter, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 26, 2001.

Attorney(s) appearing for the Case

Ellen M. Doyle and Rudy A. Fabian, Pittsburgh, Pennsylvania; Marvin L. Rudnick, Pasadena, California; J. Brian McTigue, Chevy Chase, Maryland; John C. Grabow, Ketchum, Idaho, for the appellants.

Alan J. Kornfeld, Los Angeles, California, for the appellee.

Before: BETTY B. FLETCHER, WARREN J. FERGUSON and SIDNEY R. THOMAS, Circuit Judges.

Argued and Submitted October 12, 2000 — Pasadena, California.

THOMAS, Circuit Judge:

This appeal presents the question of whether ERISA plan fiduciaries are also fiduciaries within the meaning of 11 U.S.C. § 523(a)(4). We conclude that they are, but that the specific allegations of breach of ERISA fiduciary duties do not constitute defalcations within the meaning of 11 U.S.C. § 523(a)(4).

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