Legal Opinion

Guidry v. Sheet Metal Workers National Pension Fund

Court of Appeals for the Tenth Circuit

Decided August 24, 1988No. 86-2323PublishedCited by 1 opinion

1Opinion of the Court

JOHN P. MOORE, Circuit Judge.

This is an appeal from the district court’s order placing a constructive trust upon plaintiffs pension benefits, 641 F.Supp. 360 (1986). The trust was imposed to allow recovery of a judgment obtained by the Sheet Metal Workers’ International Association, Local No. 9 (the Union), for money embezzled by Mr. Guidry from the pension fund. Plaintiff argues that the anti-alienation provision of ERISA (the Act) should have precluded the district court from placing his pension benefits in a constructive trust. Plaintiff also claims that imposition of a constructive trust…

2Cases cited28 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. Alessi v. Raybestos-Manhattan, Inc.Supreme Court of the United States · 1981
  3. MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
  4. Porter v. Warner Holding Co.Supreme Court of the United States · 1946
  5. Mitchell v. Robert DeMario Jewelry, Inc.Supreme Court of the United States · 1960

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3Cited by1 opinion

  1. Curtis Guidry v. Sheet Metal Workers National Pension FundCourt of Appeals for the Tenth Circuit · 1988

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