IN RE LUNA

No. 03-7060.

406 F.3d 1192 (2005)

In re Joyce B. LUNA, Vernie S. Luna, Debtors. Daniel Navarre, John Hunter, Harvey Swift, William H. Noble, Jerry Wilson, Robert Troquille, Phil Dozier, Richard Maples, Ronnie Prudhomme, Houston Lee, Donald Denese, Larry Savell, as Trustees of the Iron Workers' Mid-South Pension Fund; Iron Workers' Mid-South Pension Fund, Appellants, and John Hunter, Harvey Swift, William H. Noble, A.J. Morrison, Tom Lambert, Ivan B. Williams, as Trustees of the Mid-South Iron Workers' Welfare Plan; The Mid-South Iron Workers' Welfare Plan; William H. Noble, John Hunter, Harvey Swift, Alfred Dean, Tom Lambert, Ivan B. Williams, as Trustees of the Oklahoma Iron Workers' Direct Contribution Plan and Trust; Oklahoma Iron Workers' Direct Contribution Plan and Trust; The Oklahoma Iron Workers; Apprenticeship and Training Fund Local 584, Plaintiffs, v. Mark Luna; Joyce B. Luna, Appellees.

United States Court of Appeals, Tenth Circuit.

May 3, 2005.


Attorney(s) appearing for the Case

Kelly F. Monaghan, Holloway & Monaghan, Tulsa, OK, for Appellants.

Weldon W. Stout, Wright, Stout, Fite & Wilburn, Muskogee, OK, for Appellees.

Before LUCERO, McCONNELL, and TYMKOVICH, Circuit Judges.


TYMKOVICH, Circuit Judge.

The question in this case is whether the Employee Retirement Income Security Act of 1974 (ERISA) makes an employer a fiduciary to its employees if it agrees to make regular employer contributions to an ERISA-covered employee-benefit plan. The Plaintiff-Appellants (Trustees) are trustees of various employee-benefit funds (Funds) who sued the Defendant-Appellees (the Lunas) to recover promised but...

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