SREIN v. FRANKFORD TRUST CO.

No. 01-4516.

323 F.3d 214 (2003)

Ronald J. SREIN and R.J. Srein Corp., Appellant v. FRANKFORD TRUST COMPANY, n/k/a Key Trust Company.

United States Court of Appeals, Third Circuit.

Filed March 13, 2003.


Attorney(s) appearing for the Case

James L. Griffith (Argued), John P. Halfpenny, Steven K. Diliberto, Klett, Rooney, Lieber & Schorling, Philadelphia, PA, for Appellant.

Mark D. Bradshaw (Argued), Todd R. Bartos, Stevens & Lee, Harrisburg, PA, for Appellees.

Before: ALITO and FUENTES, Circuit Judges, and OBERDORFER, District Judge.


OPINION OF THE COURT

OBERDORFER, District Judge.

Plaintiffs' appeal requires us to consider the liability of the trustee of two retirement plans for common law negligence and breach of fiduciary duty, if any, under the federal Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001, et seq. The District Court entered judgment for defendant under Pennsylvania's Comparative Negligence law after a jury found plaintiff's contributory...

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