United States Fourth Circuit

In a suit for employment benefits, summary judgment in favor of defendant-employer is vacated where a reasonable fact finder could find that defendant was a fiduciary under ERISA when it directed that the plaintiff-employees' paycheck contributions be diverted for other purposes.

Appellate Information

• Decided 01/12/2005
• Published 01/12/2005

Judges

• Before WILKINSON and WILLIAMS, Circuit Judges, and Roger W. TITUS, United States District Judge for the District of Maryland, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:John Robert Peace, Greenville, South Carolina, for Appellants. Vance Earle Drawdy, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Greenville, South Carolina, for Appellees. ON BRIEF:Brian D. Black, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Greenville, South Carolina, for Appellees.