Blanton v. Anzalone

SNEED, Circuit Judge:

Plaintiff Elizabeth Blanton brought this suit against defendants Dr. Joseph Anzalone and Dr. Donald Slebir under ERISA, 29 U.S.C. § 1001 et seq. (1982), for breach of *991fiduciary duty. Jurisdiction of the district court was based on 29 U.S.C. § 1132(e). Our jurisdiction is based on 28 U.S.C. § 1291. We affirm in part, vacate in part, and remand.

I

FACTS AND PROCEEDINGS BELOW

Mrs. Blanton is the beneficiary of the account of her deceased husband, Dr. John Blanton, in an ERISA plan. Drs. Anzalone and Slebir are the trustees of the plan. The plan owns a building. Mrs. Blanton…