United States Sixth Circuit

Defendants' withdrawal of funds from an employee stock plan for use in meeting operating expenses violated ERISA, and where the amount of the loss caused by the defendants' breach of fiduciary duty was ambiguous, that uncertainty was properly resolved against the defendants.

Appellate Information

• Argued 03/19/2002
• Decided 05/07/2002
• Published 05/07/2002

Judges

• Before SILER and GILMAN, Circuit Judges;  HEYBURN, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Robin Springberg Parry (argued and briefed), U.S. Department of Labor, Office of the Solicitor, Washington, DC, Stanley E. Keen,U.S. Department of Labor, Office of the Solicitor, Atlanta, GA, for Plaintiff-Appellee., Michael R. Barrett, Barrett & Weber, Cincinnati, OH, William P. Suriano (argued and briefed), Law Offices of William P. Suriano, Riverside, IL, John S. Colley, III, Colley & Colley, Columbia, TN, for Defendants-Appellants.