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United States Sixth Circuit


BEST v. CYRUS, 01-5799

A pension plan trustee has a duty to act in the interest of the plan's beneficiaries, even though he is not specifically directed to act under the plan document, because ERISA imposes additional duties on trustees through its incorporation of the common law of trusts.

Appellate Information

  • Decided 11/19/2002
  • Published 11/19/2002

Judges

  • Before MARTIN, Chief Circuit Judge;  RYAN, Circuit Judge;  COHN, Senior District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • David M. Cook (argued and briefed), Stephen A. Simon (briefed), Law Office of David M. Cook, Cincinnati, OH, for Plaintiffs-Appellants.

  • For Appellees:
  • John R. McGinnis (argued and briefed), James D. Atkinson (briefed), McBrayer, McGinnis, Leslie & Kirkland, Greenup, KY, for Defendant-Appellee.
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