United States Seventh Circuit

Summary judgment in favor of defendant in an ERISA action is affirmed where the retirement plan in question did not violate ERISA and the trustee did not violate his fiduciary duty in regards to 401(k) funds, but reversed and remanded where there was an issue of fact over whether the trustee violated his fiduciary duty regarding profit-sharing funds.

Appellate Information

• Decided 04/14/2006
• Published 04/14/2006

Judges

• RIPPLE, Circuit Judge., Before EASTERBROOK, RIPPLE and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Sean M. Anderson (argued), Sutkowski & Rhoads, Peoria, IL, for Plaintiff-Appellant.


• For Appellees:
  
• William W. Austin, Parker, Siemer, Austin, Resch & Fuhr, Effingham, IL, Roy G. Davis (argued), Davis & Campbell, Peoria, IL, for Defendants-Appellees.