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EAVES v. PENN

Nos. CIV-76-0427-T and CIV-76-0450-T.

426 F.Supp. 830 (1976)

Glen R. EAVES et al., Plaintiffs, v. Ralph W. PENN, Individually, and Ralph W. Penn as Trustee for Glen's Employees Retirement Plan, Defendants. W. J. USERY, Jr., Secretary of Labor, Plaintiff, v. Ralph W. PENN, Individually, and as Trustee of Glen's Profit-Sharing Plan, et al., Defendants.

United States District Court, W. D. Oklahoma.

Subsequent Orders on January 7, 1977.

Attorney(s) appearing for the Case

Howard Lynn Wisdom and Billy Jack Hendricks, Oklahoma City, Okl., for plaintiffs in CIV-76-0427-T.

David R. Dickey, Stephen M. Dickey, and Todd W. Markum, Oklahoma City, Okl., for defendants in CIV-76-0427-T.

Robert P. Gallagher and Mary S. Calfee, U. S. Dept. of Labor, Plan Benefits Security Div., Washington, D. C., Harvey M. Shapan and James E. White, Regional Solicitor's Office, Dallas, Tex. (On Briefs Only — Monica Gallagher, Counsel for Litigation, Plan Benefits Security Div., Washington, D. C.), for plaintiff in CIV-76-0450-T.

Howard Lynn Wisdom and Billy Jack Hendricks, Oklahoma City, Okl., for defendants Eaves.

David R. Dickey, Stephen M. Dickey, and Todd W. Markum, Oklahoma City, Okl., for defendant Penn.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

RALPH G. THOMPSON, District Judge.

The first of these actions was filed on May 25, 1976, by Glen R. Eaves and Alleen M. Eaves and others alleging violations of the Employee Retirement Income Security Act of 1974 (ERISA) and setting out additional common law causes of action against Ralph W. Penn. The Secretary of Labor filed a separate suit on June 3, 1976, alleging violations...

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