United States Seventh Circuit

Summary judgment for defendant-bank is reversed and remanded where there was no evidence in the record that the defendant exercised discretion in its role as trustee of a Employee Stock Ownership Plan subject to ERISA by considering the effects of changed circumstances on the plan.

Appellate Information

• Argued 01/17/2006
• Decided 05/04/2006
• Published 05/04/2006

Judges

• POSNER, Circuit Judge., Before CUDAHY, POSNER, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Pamela B. Slate (argued), Slate Kennedy, Montgomery, AL, Gary D. McCallister, McCallister & Associates, Chicago, IL, for Plaintiffs-Appellants., Ellen L. Beard (argued), Dept. of Labor, Office of the Solicitor, Washington, DC, for Amicus Curiae.


• For Appellees:
  
• Theodore M. Becker (argued), Morgan, Lewis & Bockius, Chicago, IL, for Defendant-Appellee.