[DOWNLOAD] "Landwehr v. Dupree" by United States Court of Appeals for the Ninth Circuit ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Landwehr v. Dupree
• Author : United States Court of Appeals for the Ninth Circuit
• Release Date : January 12, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

REINHARDT, Circuit Judge: The plaintiffs are beneficiaries of the Astoria Seafood Company Profit Sharing Plan (""the Plan""). They brought this action on behalf of the Plan, alleging that Darren DuPree and his co-defendants violated the Employee Retirement and Income Security Act of 1974 (ERISA). According to the plaintiffs, DuPree, a chauffeur for the company's owner, improperly received funds totalling $89,000 from the Plan. The district court granted in part the plaintiffs' motion for summary judgment against DuPree, concluding that DuPree was a ""party in interest"" with respect to the Plan and that he engaged in transactions prohibited by ERISA, 29 U.S.C. § 1106(a). The court ordered that DuPree make restitution to the Plan totalling $58,000 in monthly installments of $600, but concluded that DuPree was not liable for an additional $31,000 that he transferred to a Louisiana bank at the request of the Plan's fiduciary.

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