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ECKELKAMP v. BESTE

No. 02-1824.

315 F.3d 863 (2002)

Gary Lee ECKELKAMP, Bradley C. Hoemann, and Ronald A. Kampmann, Plaintiffs — Appellants, v. Dennis J. BESTE, Randy Folkmann, Gary L. Rufkahr, Donald G. Martin, Melton Machine and Control Company Employee Stock Ownership Plan, and Melton Machine and Control Company, Defendants — Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 31, 2002.

Attorney(s) appearing for the Case

Anne Marie LaBue, argued, Columbus, OH (Gary D. Greenwald, S. Sheldon Weinhaus, on the brief), for appellant.

Robert J. Tomaso, argued, St. Louis, MO (Richard H. Kuhlman, on the brief), for appellee.

Before BOWMAN, LAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Gary Eckelkamp, an employee of Melton Machine and Control Company (Melton), and two former employees, Bradley Hoemann and Ronald Kampmann, brought this action against Melton, its employee stock ownership plan (ESOP), and four Melton officers, alleging breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) and Missouri common law, and a retaliatory discharge claim under ERISA. The district court

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