Legal Opinion
Local 109 Retirement Fund v. First Union National Bank
Court of Appeals for the Fourth Circuit
Decided January 23, 2003No. 02-1216Unpublished
1Opinion of the Court
OPINION
2Per curiam
A retirement fund and its trustee sue a bank under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., and state law to recover on a certificate of deposit. We agree with the district court that this action is not authorized by ERISA because the relief sought is legal, not equitable. We therefore affirm the dismissal.
I
Local 109 Retirement Fund (the Retirement Fund) and Local 109 Welfare Fund (the Welfare Fund) are plans covered by ERISA. In the 1970s the Welfare Fund purchased a certificate of deposit from a bank that is now owned by First Union…
3Cases cited6 opinions
- Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
- Vern T. Jordahl v. Democratic Party Of VirginiaCourt of Appeals for the Fourth Circuit · 1997
- Robert B. Reich, Secretary of Labor v. Continental Casualty CompanyCourt of Appeals for the Seventh Circuit · 1994
- Bauhaus USA, Inc. v. CopelandCourt of Appeals for the Fifth Circuit · 2002
- Santee Timber Corporation v. ElliottCourt of Appeals for the Fourth Circuit · 1934
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