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WONG v. FLYNN-KERPER

No. 19-56289.

999 F.3d 1205 (2021)

David WONG, in his capacity AS TRUSTEE OF the ANAPLEX CORPORATION EMPLOYEE STOCK OWNERSHIP PLAN, Plaintiff-Appellant, v. Danette K. FLYNN-KERPER, as Executor of the Estate of Bernard M. Kerper; Does, 1-20, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2021.

Attorney(s) appearing for the Case

Marc S. Schechter (argued) and Corey F. Schechter , Butterfield Schechter LLP, San Diego, California, for Plaintiff-Appellant.

Shannon C. Papazis (argued) and Lauren E. Martin , Ferruzzo & Ferruzzo, LLP, Newport Beach, California, for Defendant-Appellee.

Before: Michelle T. Friedland and Mark J. Bennett, Circuit Judges, and Frederic Block, District Judge.

OPINION

In this ERISA case, Defendant Danette Flynn-Kerper succeeded in equitably estopping ERISA Trustee Plaintiff David Wong in his suit seeking equitable and declaratory relief, even though her equitable estoppel claim contradicted the written provisions of the ERISA plan. But "a party cannot maintain a federal...

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