Alton F. Martin v. Bankers Trust Company, Trustee Diversified Corporate Services, Inc., Administrator, and Tom's Foods, Ltd.

FIELD, Senior Circuit Judge:

Alleging his right to benefits under a pension plan, Alton F. Martin, filed this action in the district court against Bankers Trust Company (Bankers Trust), Trustee of the plan, Diversified Corporate Services, Inc., (Diversified), Administrator of the plan, and Tom’s Foods Ltd. (Tom’s), the employer. The complaint alleged a cause of action under the Employee Retirement Income Security Act (ERISA) of 1974, 29 U.S.C. §§ 1001, et seq., and jurisdiction was based upon Section 502(a)(3) of ERISA, 29 U.S.C. § 1132(a)(3). Upon its finding that Martin’s alleged cause of…