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RELIABLE HOME HEALTH CARE v. UNION CENT. INS. CO.

Nos. 01-30174, 01-30331.

295 F.3d 505 (2002)

RELIABLE HOME HEALTH CARE, INC.; Louis T. Age, Jr., Plaintiffs- Appellants-Cross-Appellees, v. UNION CENTRAL INSURANCE COMPANY; et al., Defendants, Glapion Group, Inc.; Robert Jody Sanderson; Walter A. Glapion, Jr.; American Automobile Insurance Company, Defendants-Appellees-Cross-Appellants. Reliable Home Health Care, Inc.; Louis T. Age, Jr., Plaintiffs-Appellants, v. Union Central Insurance Company; et al., Defendants, Glapion Group, Inc.; Robert Jody Sanderson; Walter A. Glapion, Jr.; American Automobile Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 10, 2002.

Attorney(s) appearing for the Case

Catherine J. Smith (argued), Ronald Lawrence Wilson (argued), New Orleans, LA, for Plaintiffs-Appellants-Cross-Appellees.

Donald A. Hoffman (argued), Shawn Louise Holahan, Hoffman, Siegel, Seydel, Bienvenu, Centola & Cordes, New Orleans, LA, for Defendants-Appellees-Cross-Appellants.

Before DUHÉ, DeMOSS and CLEMENT, Circuit Judges.

CLEMENT, Circuit Judge:

Reliable Home Health Care, Inc. ("Reliable") filed suit against the Glapion Group, Inc. ("Glapion") for breach of its fiduciary duties arising out of a deferred compensation plan created by Glapion for Reliable. This case involves a claim of breach of fiduciary duty under ERISA. Prior to trial, Reliable settled with Union Central Insurance Co. ("Union Central") for $165,000. Following a bench trial, the district court found that Glapion breached...

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