No. 05-5050.

436 F.3d 234 (2006)

Elaine L. CHAO, Secretary of Department of Labor, Appellee v. Brittian P. DAY and A & D Insurance Agency, Inc., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 24, 2006.

Attorney(s) appearing for the Case

John W. Karr argued the cause for appellants. With him on the brief was Theodore S. Allison.

Glenn M. Loos, Senior Trial Attorney, U.S. Department of Labor, argued the cause for appellee. With him on the brief was Elizabeth Hopkins, Attorney. Ellen L. Beard, Attorney, entered an appearance.

Before: GINSBURG, Chief Judge, and SENTELLE, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge.

The A & D Insurance Agency and its President, Brittian P. Day (collectively, "Day"), appeal the District Court's grant of summary judgment in favor of the Secretary of the Department of Labor, Elaine L. Chao (the "Secretary"), under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461. Day contends that he is not a "fiduciary" within...

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