Legal Opinion
Gerald G. Roth Logan M. Ammon v. Sawyer-Cleator Lumber Company, Employee Stock Ownership Plan Charles J. Sawyer Clifford E. Sawyer
Court of Appeals for the Eighth Circuit
Decided February 16, 1994No. 93-1023PublishedCited by 151 opinions
1Opinion of the Court
MAGILL, Circuit Judge.
Plaintiffs Gerald R. Roth and Logan M. Ammon appeal from the district court’s order granting summary judgment to defendants Charles J. Sawyer and Clifford E. Sawyer (the trustees). The plaintiffs claim that the district court erred by finding that the trustees satisfied their fiduciary duties under ERISA 1 by securing deferred payments of the plaintiffs’ retirement benefits under an employee stock ownership plan (ESOP) with the stock of the Sawyer-Cleator Lumber Company (the Company). We reverse and remand.
I. BACKGROUND
The Company conducted a retail and wholesale lumber…
2Cases cited12 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Katsaros v. CodyCourt of Appeals for the Second Circuit · 1984
- Donovan v. CunninghamCourt of Appeals for the Fifth Circuit · 1983
- Ronald Fink v. National Savings and Trust CompanyCourt of Appeals for the D.C. Circuit · 1985
- Martin v. FeilenCourt of Appeals for the Eighth Circuit · 1992
7 more not listed; retrieve them via the Exa API.
3Cited by151 opinions
- Braden v. Wal-Mart Stores, Inc.Court of Appeals for the Eighth Circuit · 2009
- Chao v. Hall Holding Company, Inc.Court of Appeals for the Sixth Circuit · 2002
- In Re Unisys Savings Plan Litigation John P. Meinhardt, on Behalf of Himself and All Others Similarly Situated v. Unisys Corporation (d.c.civil No. 91-Cv-03067) Michael Heck Joseph McCarthy Angelo Dipietro, on Behalf of Themselves and All Others Similarly Situated v. Unisys Corporation the Administrative Committee of the Unisys Savings Plan the Investment Committee of the Unisys Savings Plan Jack A. Blaine John J. Loughlin Kenneth Miller David A. White Stefan Riesenfeld (d.c.civil No. 91-Cv-03276) Gary Vala, Individually and on Behalf of All Others Similarly Situated v. Jack A. Blaine Michael R. Losey Kenneth L. Miller Stefan C. Riesenfeld Curtis A. Hessler David A. White Unisys Corporation the Northern Trust Company (d.c.civil No. 91-03278) Carolyn A. Gohlike, on Behalf of Herself and All Others Similarly Situated v. Unisys Corporation (d.c.civil No. 91-Cv-03321) Dennis C. Stanga James M. Collins, on Behalf of Themselves and All Others Similarly Situated v. Unisys Corporation (d.c.civil No. 91-Cv-04689) John H. Burgess, Jr., on Behalf of Himself and All Others Similarly Situated v. Unisys Corporation (d.c.civil No. 91-Cv-04696) John P. Meinhardt, Michael Heck, Joseph McCarthy Angelo Dipietro, Gary Vala, Carolyn Gohlike, Dennis C. Stanga, James M. Collins and John H. Burgess, Jr., in No. 95-1156 in Re Unisys Savings Plan Litigation John P. Meinhardt, on Behalf of Himself and All Others Similarly Situated v. Unisys Corporation (d.c.civil No. 91-Cv-03067) Bernard McDevitt on Behalf of Himself and All Others Similarly Situated v. Unisys Corporation (d.c.civil No. 91-Cv-03126) Parker C. Kean, on Behalf of Himself and All Others Similarly Situated v. Unisys Corporation (d.c.civil No. 91-Cv-03164) Nadia F. Sos Farouk M. Sos, Individually and on Behalf of All Others Similarly Situated v. Unisys Corporation (d.c.civil No. 91-Cv-03582) Kenneth Goers John J. Cieslicki, on Behalf of Themselves and All Others Similarly Situated v. Unisys Corporation the Northern Trust Company (d.c.civil No. 91-Cv-04678) William Torkildson v. Unisys Corporation (d.c.civil No. 91-Cv-04754) Bernard McDevitt Parker Kean, Nadia F. Sos, Farouk M. Sos, Kenneth Goers, John J. Cieslicki and William Torkildson, in No. 95-1157 in Re Unisys Savings Plan Litigation John P. Meinhardt, on Behalf of Himself and All Others Similarly Situated v. Unisys Corporation (d.c.civil No. 91-Cv-03067) Henry Zylla Richard Silver Ronald Grippo Edward Lawler Richard Andujar Clarence Muller Charles Wahler James McLaughlin Donald Rader Joseph Lau James Gangale Alfred Contarino Richard Colby John Marcucci Joseph Fiore Richard Mastrodomenico Nick Klemenz Peter Szczybek, on Behalf of Themselves and All Others Similarly Situated Engineers Union Local 444 of the International Union of Electronic, Electrical, Salaried, MacHine and Furniture Workers, a.f.l.-c.i.o. Locals 445 of the International Union of Electronic, Electrical, Salaried, MacHine and Furniture Workers, a.f.l.-c.i.o. Locals 450 of the International Union of Electronic, Electrical, Salaried, MacHine and Furniture Workers, a.f.l.-c.i.o. Locals 470 of the International Union of Electronic, Electrical, Salaried, MacHine and Furniture Workers, a.f.l.-c.i.o. Locals 165 of the International Union of Electronic, Electrical, Salaried, MacHine and Furniture Workers, a.f.l.-c.i.o. Local 3, International Brotherhood of Electrical Workers, a.f.l.-c.i.o. v. Unisys Corporation Edwin P. Gilbert John J. Loughlin Thomas Penhale, Individually and in Their Capacities as Members of the Unisys Employee Benefits Executive Committee and Administrators of the Unisys Retirement Investment Plan Richard H. Bierly Curtis A. Hessler Leon J. Level Kenneth L. Miller David A. White Jack A. Blaine Stefan C. Riesenfeld George T. Robson, Individually and in Their Capacities as Members of the Investment Committee of the Unisys Retirement Investment Plan (d.c. Civil No. 91-Cv-03772) Henry Zylla, Richard Silver, Ronald Grippo, Edward Lawler, Richard Andujar, Clarence Muller, Charles Wahler, James McLaughlin Donald Rader, Joseph Lau, James Gangale, Alfred Contarino, Richard Colby, John Marcucci, Joseph Fiore, Richard Mastrodomenico, Nick Klemenz and Peter Szczybek, Individually and on Behalf of the Class Certified, in No. 95-1186Court of Appeals for the Third Circuit · 1996
- DiFelice v. U.S. Airways, Inc.Court of Appeals for the Fourth Circuit · 2007
- Chao v. Hall Holding Co.Court of Appeals for the Sixth Circuit · 2002
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