Legal Opinion
Roy A. Herberger, Trustee for the Lee Optical and Associated Companies Pension Plan Trust v. Theodore Shanbaum
Court of Appeals for the Fifth Circuit
Decided April 5, 1990No. 89-1493PublishedCited by 20 opinions
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
Theodore Shanbaum (Shanbaum) appeals the district court’s holding that Roy Her-berger (Herberger), the trustee of Shanb-aum’s pension plan, may offset an amount Shanbaum owes to the plan against Shanb-aum’s monthly pension benefits. We reverse.
I
Shanbaum, along with Ellis Carp and Glen Auerbach, were the three principal shareholders of Lee Optical, Inc. (Lee Optical). All three served as charter trustees of the Lee Optical Pension Plan (the Pension Plan or the Plan), which was created in 1951. Shanbaum was also a beneficiary of the Plan. He is now seventy-seven…
2Cases cited7 opinions
- Guidry v. Sheet Metal Workers National Pension FundSupreme Court of the United States · 1990
- Stone v. StoneDistrict Court, N.D. California · 1978
- American Telephone & Telegraph Co. v. MerryCourt of Appeals for the Second Circuit · 1979
- Whitfield v. LindemannCourt of Appeals for the Fifth Circuit · 1988
- St. Paul Fire And Marine Insurance Co. v. H. Ray CoxCourt of Appeals for the Third Circuit · 1985
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- United States v. Raymond P. NovakCourt of Appeals for the Ninth Circuit · 2007
- Metropolitan Life Insurance Company v. Rose Marie Wheaton, and Douglas Wheaton and Daniel WheatonCourt of Appeals for the Seventh Circuit · 1994
- Coar v. KazimirCourt of Appeals for the Third Circuit · 1993
- In Re Finley, Kumble, Wagner, HeineUnited States Bankruptcy Court, S.D. New York · 1993
- United States v. Stanley J. GaudetCourt of Appeals for the Fifth Circuit · 1992
15 more not listed; retrieve them via the Exa API.