BECK v. PACE INTERN. UNION

Nos. 03-15303, 03-15331.

427 F.3d 668 (2005)

Jeffrey H. BECK, Liquidating Trustee of the Estates of Crown Vantage, Inc. and Crown Paper Company, Appellant, v. PACE INTERNATIONAL UNION, on behalf of member and former member participants in pension plans sponsored by the Debtors; Edward Miller; Jeffrey D. Macek, on behalf of themselves and others similarly situated, Defendants-Appellees. Pace International Union, AFL-CIO, Chemical & Energy Workers International Union, on behalf of members and former member participants in pension plans, Defendant-Appellant, v. Jeffrey H. Beck, Liquidating Trustee of the Estates of Crown Vantage, Inc. and Crown Paper Company, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 24, 2005.


Attorney(s) appearing for the Case

Stephen A. Kroft (argued), Rodger M. Landau, Los Angeles, CA, for the appellant/cross-appellee.

John Plotz (argued), Christian L. Raisner, Oakland, CA, for the appellees/cross-appellant.

Before: REINHARDT, PAEZ, and BERZON, Circuit Judges.


PAEZ, Circuit Judge:

In the course of Chapter 11 liquidation proceedings, debtors Crown Vantage, Inc. and Crown Paper Co. (Crown) decided to terminate Crown's pension plans through the purchase of an annuity, rather than by merging the plans into a multiemployer plan sponsored by PACE International Union (PACE). Plan participants and PACE filed an adversary action against Crown in bankruptcy court, alleging that Crown's directors breached their fiduciary duties under...

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