Eric Tiblier v. Paul Dlabal

JENNIFER WALKER ELROD, Circuit Judge:

This case arises out of two investments made by the pension plans of a small cardiology practice in the bonds of an oil and gas company. After the oil and gas company stopped making interest payments on the bonds, Plaintiffs filed suit alleging violations of the Employee Retirement Income Security Act (ERISA). The district court granted summary judgment in favor of investment advisor Paul Dlabal. Plaintiffs appealed. We hold that Dlabal is not a fiduciary under ERISA, and accordingly AFFIRM.

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' Eric Tiblier was a cardiologist with a practice in Austin,…