1. Home
  2. Browse Decisions
  3. F.3d
  4. 407 F.3d
  5. 407 F.3d 1126 (2005)
 

DAVID P. COLDESINA, D.D.S. v. ESTATE OF SIMPER

No. 04-4006.

407 F.3d 1126 (2005)

DAVID P. COLDESINA, D.D.S., P.C., EMPLOYEE PROFIT SHARING PLAN AND TRUST, a domestic trust; David P. Coldesina, a trustee, Plaintiffs-Appellants, v. The ESTATE OF Greg P. SIMPER; Greystone Marketing, a Utah corporation, Defendants, Ted A. Madsen, an individual; Flexible Benefit Administrators, a Utah corporation; Kansas City Life Insurance Company, a Missouri corporation; Sunset Financial Services, Inc., a Washington corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 19, 2005.

Attorney(s) appearing for the Case

Gary R. Guelker (and Peter Stirba, on the briefs), Stirba & Associates, Salt Lake City, UT, for Plaintiff-Appellant.

Sean D. Reyes (and Spencer A. Austin, on the brief), Parsons, Behle & Latimer, Salt Lake City, UT, for Defendants-Appellees, Kansas City Life Insurance Company and Sunset Financial Services, Inc.

Keith A. Call (and R. Brent Stephens, with him on the brief), Snow, Christensen & Martineau, Salt Lake City, UT, for Defendants-Appellees, Ted Madsen and Flexible Benefit Administrators, Inc.

Before TACHA, Chief Judge, KELLY, and MURPHY, Circuit Judges.

KELLY, Circuit Judge.

I. Introduction

This case concerns who, beyond the immediate wrong-doer, might be held responsible by an ERISA plan for a theft from that plan. Plaintiffs-Appellants, David P. Coldesina, D.D.S., P.C. Employee Profits Sharing Plan & Trust ("plan" or "the plan"), and Dr. David Coldesina, D.D.S., as plan trustee, are appealing from multiple summary judgment rulings where the district court dismissed their claims against two...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases