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SECRETARY OF U.S. DEPT. OF LABOR v. GILLEY

No. 00-6413.

290 F.3d 827 (2002)

SECRETARY OF THE UNITED STATES DEPARTMENT OF LABOR, Plaintiff-Appellee, v. George D. GILLEY; Billy Dean Goforth; Century Health Services, Inc., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 7, 2002.

Rehearing Denied July 1, 2002.

Attorney(s) appearing for the Case

Robin Springberg Parry (argued and briefed), U.S. Department of Labor, Office of the Solicitor, Washington, DC, Stanley E. Keen, U.S. Department of Labor, Office of the Solicitor, Atlanta, GA, for Plaintiff-Appellee.

Michael R. Barrett, Barrett & Weber, Cincinnati, OH, William P. Suriano (argued and briefed), Law Offices of William P. Suriano, Riverside, IL, John S. Colley, III, Colley & Colley, Columbia, TN, for Defendants-Appellants.

Before SILER and GILMAN, Circuit Judges; HEYBURN, Chief District Judge.

OPINION

GILMAN, Circuit Judge.

Century Health Services, Inc. (CHS), a holding company for a number of home healthcare agencies, established an Employee Stock Ownership Plan (ESOP) in 1993 and appointed its top two officers, George Gilley and Bill Goforth, to serve as the trustees. CHS contributed $2,766,659.77 to the ESOP during 1994 and 1995. All but $6,659.77, however, was promptly withdrawn from the ESOP for use in meeting CHS's general corporate operating...

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