United States Sixth Circuit
SEAWAY FOOD TOWN, INC v. MED. MUT. OF OHIO, 01-4285
Summary judgment to defendant is affirmed where the parties entered into a contract term at arm's length, the contract term conferred on one party the unilateral right to retain funds as compensation for services rendered with respect to an ERISA plan, and adherence to the term did not give rise to ERISA fiduciary status.
Appellate Information
- Decided 10/23/2003
- Published 10/23/2003
Judges
- Before: CLAY and GIBBONS, Circuit Judges; CLELAND, District Judge.
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Lisa E. Pizza (briefed), Theodore M. Rowen (briefed), Anastasia Kay Hanson (argued and briefed), Spengler Nathanson, P.L.L., Toledo, OH, for Appellant.
- For Appellees:
- James D. Thomas (argued and briefed), Christopher R. Shea (briefed), Squire, Sanders & Dempsey, Cleveland, OH, for Appellee.