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VAUGHN v. BAY ENVIRONMENTAL MANAGEMENT, INC.

No. 05-17100.

544 F.3d 1008 (2008)

Jerry VAUGHN; Theresa Travers, Plaintiffs-Appellants, v. BAY ENVIRONMENTAL MANAGEMENT, INC.; Pina J. Barbieri; Caesar Nuti; Dennis Varni; FSC Securities Corporation; Jerrold N. Weinberg, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 19, 2008.

Attorney(s) appearing for the Case

Teresa S. Renaker, Lewis Feinberg Lee Renaker & Jackson, P.C., Oakland, CA, for the plaintiffs-appellants.

Nicole A. Diller (argued), D. Ward Kallstrom, Andrew C. Sullivan, Morgan Lewis & Bockius, LLP, San Francisco, CA, for defendants-appellees Bay Environmental Inc., Caesar Nuti, and Dennis Varni.

Bernard Gehlhar (argued), James D. Boughey, Reina G. Minoya, Wilson Elser Moskowitz Edelman & Dicker, LLP, San Francisco, CA, for defendants-appellees FSC Securities Corp. and Jerrold N. Weinberg.

Elizabeth Hopkins, U.S. Dep't of Labor, Washington, D.C., as amicus curiae supporting plaintiffs-appellants.

Before: B. FLETCHER and PAMELA ANN RYMER, Circuit Judges, and KEVIN THOMAS DUFFY, Senior District Judge.

BETTY B. FLETCHER, Circuit Judge:

This case requires us to consider whether a former employee who has received a full distribution of his or her account balance under a defined contribution pension plan has standing as a plan participant to file suit under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., to recover losses occasioned by a breach of fiduciary duty that allegedly reduced the amount of his or her benefits. We...

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