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BROWNING v. LEVY

No. 00-4275.

283 F.3d 761 (2002)

Christopher BROWNING; Jeffrey Rademan; Nationwise Automotive Inc. Employee Stock Ownership Plan; and NW Liquidating, Inc., Plaintiffs-Appellants, v. Saul LEVY, Defendant, Squire, Sanders & Dempsey, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 12, 2002.

Attorney(s) appearing for the Case

Gary D. Greenwald (argued and briefed), Anne Marie La Bue (briefed), Shayne & Greenwald Co., LPA, Columbus, OH, for Plaintiffs-Appellants.

Steven W. Tigges (argued and briefed), John W. Zeiger (briefed), Stuart G. Parsell (briefed), Zeiger & Carpenter, Columbus, OH, for Defendants-Appellees.

Before MARTIN, Chief Circuit Judge; GILMAN, Circuit Judge; EDMUNDS, District Judge.

OPINION

GILMAN, Circuit Judge.

Nationwise Automotive, Inc.'s Employee Stock Ownership Plan (ESOP), ESOP participants Christopher Browning and Jeffrey Rademan, and NW Liquidating, Inc. (NW), the successor to Nationwise, appeal the district court's grant of summary judgment in favor of the law firm of Squire, Sanders, & Dempsey (SSD). The ESOP, Browning, and Rademan claimed that SSD breached its fiduciary duties and engaged in prohibited transactions under...

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