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WRIGHT v. HEYNE

No. 01-4359.

349 F.3d 321 (2003)

Frank C. WRIGHT, M.D., John P. Goff, M.D., and Carl A. Krantz, M.D., as Trustees of the Wright, Goff, Krantz, Harmon, Jones, M.D.'s Profit Sharing Plan, Plaintiffs-Appellants, v. Michael A. HEYNE, and Vestax Securities Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 14, 2003.

Attorney(s) appearing for the Case

Roger Makley (briefed), Coolidge, Wall, Womsley & Lombard, Dayton, OH, Alphonse P. Cincione (argued and briefed), N. Gerald DiCuccio (briefed), Butler, Cincione, DiCuccio & Barnhart, Columbus, OH, for Plaintiffs-Appellants.

Danny L. Cvetanovich (briefed), Nancy J. Manougian (argued and briefed), Arter & Hadden, Columbus, OH, for Defendants-Appellees.

Before NELSON and COLE, Circuit Judges; ROSEN, District Judge.

OPINION

ROSEN, District Judge.

I. INTRODUCTION

Plaintiff-Appellants Frank C. Wright, John P. Goff and Carl Krantz brought this action as Trustees of the Wright, Goff, Krantz, Harmon and Jones Profit Sharing Plan (the "Retirement Plan") under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1132(a) ("ERISA"), against Vestax Securities Corporation ("Vestax") and its owner, Michael A. Heyne, investment advisors...

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