United States Ninth Circuit

Expenditure records sought by appellants were not "instruments" under ERISA, 29 U.S.C. section 1024(b)(4), and were not subject to disclosure requirements. Dismissal of a breach-of-fiduciary-duty claim, for neglecting to keep adequate records, was premature as failure to plead a loss was not fatal to a claim for injunctive relief.

Appellate Information

• Argued 11/07/2002
• Decided 06/18/2003
• Published 06/18/2003

Judges

• Before:  BETTY B. FLETCHER, RICHARD S. ARNOLD, and JOHNNIE B. RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Francis G. Fanning, Tempe, AZ, for the plaintiffs-appellants.


• For Appellees:
  
• Keith F. Overholt, David B. Earl, Jennings, Strouss & Salmon, P.L.C., Phoenix, AZ, for the defendants-appellees.