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ACOSTA v. BRAIN

No. 16-56529, No. 16-56532.

910 F.3d 502 (2018)

R. Alexander ACOSTA, Secretary of Labor, Plaintiff-Appellee, v. Scott BRAIN, Defendant-Appellant, and Melissa W. Cook; Melissa W. Cook & Associates, PC, Defendants. R. Alexander Acosta, Secretary of Labor, Plaintiff-Appellee, v. Melissa W. Cook; Melissa W. Cook & Associates, PC, Defendants-Appellants, and Scott Brain, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed December 4, 2018.

Attorney(s) appearing for the Case

Melissa W. Cook (argued), Melissa W. Cook & Associates, San Diego, California; Peter Morris (argued) and L. Rachel Lerman , Barnes & Thornburg LLP, Los Angeles, California; Brian E. Casey , Barnes & Thornburg LLP, South Bend, Indiana; for Defendants-Appellants.

Blair L. Byrum (argued), Trial Attorney; Thomas Tso , Counsel for Appellate and Special Litigation; G. William Scott , Associate Solicitor, Plan Benefits Security; Nicholas C. Geale , Acting Solicitor of Labor; United States Department of Labor, Washington, D.C.; for Plaintiff-Appellee.

Partial Dissent by Judge Schroeder.

OPINION

Defendant-Appellant Scott Brain, a former trustee of the Cement Masons Southern California Trust Funds (the Trust Funds), and Defendants-Appellants Melissa Cook and Melissa W. Cook & Associates, PC (collectively, the Cook Defendants), former counsel to...

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