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DEAK v. MASTERS, MATES AND PILOTS PENSION PLAN

No. 84-3651.

821 F.2d 572 (1987)

William F. DEAK, et al., Plaintiffs-Appellees, Cross-Appellants, v. MASTERS, MATES AND PILOTS PENSION PLAN, et al., Defendant-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 15, 1987.

Attorney(s) appearing for the Case

MM & P Pension Plan, Frank E. Hamilton, III, Tampa, Fla., for defendant-appellants, cross-appellees.

James E. Thompson, James J. Cusack, John W. Robinson, IV, Tampa, Fla., David N. Dittmar, Weirton, W.Va., Joshua M. Morse, III, Tallahassee, Fla., for plaintiffs-appellees, cross-appellants.

Before HILL, Circuit Judge, HENDERSON and BROWN, Senior Circuit Judges.

JOHN R. BROWN, Senior Circuit Judge:

Introduction

Captain Deak brought this class action on behalf of 2,000 participants in the Masters, Mates and Pilots Pension Plan (Plan) under the Employee Retirement Income Security Act of 1974 (ERISA). 29 U.S.C. §§ 1001-1461. The District Court determined that the Trustees adopted Amendment 46 for the primary purpose of benefitting the MM & P Union and therefore breached their fiduciary duty under...

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