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ITPE PENSION FUND v. HALL

No. 02-12779.

334 F.3d 1011 (2003)

ITPE PENSION FUND, Plaintiff-Appellant, ITPE Health and Welfare Fund, Plaintiff, v. Roger HALL, Hope Hall, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 19, 2003.

Attorney(s) appearing for the Case

Frank McRight, Taylor Brooks, Lanier, Ford, Shaver & Payne, P.C., Huntsville, AL, for Plaintiff-Appellant.

Nancy F. Rigby, Daniel M. Shea, Smith, Currie & Hancock, Atlanta, GA, for Defendants-Appellees.

Before ANDERSON, BIRCH and BARKETT, Circuit Judges.

BIRCH, Circuit Judge:

The Employee Retirement and Income Security Act ("ERISA"), 18 U.S.C.A. § 1001 et seq., imposes strict fiduciary duties on certain persons with control over assets of covered employee benefit plans. Under these provisions, when unpaid contributions to a plan are identified as immediate assets of a plan, officers of the nonpaying corporation with control and authority over the unpaid contributions may be held liable for the amount of...

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