United States Tenth Circuit

In a dispute concerning the ownership of settlement proceeds, plaintiff's are entitled to an equitable lien on the disputed funds since the relief sought constituted "appropriate equitable relief" under section 502(a)(3) of ERISA.

Appellate Information

• Decided 12/29/2004
• Published 12/29/2004

Judges

• PAUL KELLY, JR., Circuit Judge., Before KELLY, Circuit Judge, McWILLIAMS, Senior Circuit Judge and LUCERO, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Lori Bolton Fleming (Fred Spigarelli, and Thomas E. Hayes, with her on the briefs), The Spigarelli Law Firm, Pittsburg, KS, for Defendant-Appellant., Christopher R. Hedican, (Heidi A. Guttau-Fox, with him on the brief), Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, L.L.P., Omaha, NE, for Plaintiff-Appellee.