KALDA v. SIOUX VALLEY PHYSICIAN PARTNERS, INC.

No. 06-1277.

481 F.3d 639 (2007)

Ellison KALDA, M.D.; Robert K. Dahl, M.D.; Marilyn McFarlane, P.A. David H. Hylland, Ed.D.; Richard G. Whitten, Ph.D.; Cynthia L. Pilkington, Ph. D.; Mary K. Kunde, Ph.D. Individually and for their individual plan accounts and on behalf of The Central Plains Clinic, Ltd. Mone Purchase Pension and Profit Sharing Plan and The Central Plains Clinic, Ltd. 401(k) Plan, Appellants, v. SIOUX VALLEY PHYSICIAN PARTNERS, INC., formerly known as Central Plain Clinic, Ltd.; Sioux Valley Hospital; T.A. Schultz, M.D.; Richard Hardie, M.D.; Gene Burrish, M.D.; David Danielson; Michael Farritor, M.D.; John Rittmann, M.D.; Steven Salmela, M.D., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 29, 2007.


Attorney(s) appearing for the Case

N. Dean Nasser, argued, Sioux Falls, SD (Gregory A. Eiesland, on the brief), for appellant.

Roberto A. Lange, argued, Davenport & Evans, Sioux Falls, SD, for appellees.

Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.


BOWMAN, Circuit Judge.

The plaintiffs brought this action under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461 (2000), alleging that the defendants breached several fiduciary duties and violated the terms of two ERISA plans. The District Court1 granted the defendants' motion to dismiss one breach-of-fiduciary-duty claim and granted the defendants' motion for summary judgment on all remaining...

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