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SILVERMAN v. MUTUAL BEN. LIFE INS. CO.

No. 95-CV-0500 (ARR).

941 F.Supp. 1327 (1996)

David W. SILVERMAN, Plaintiff, v. MUTUAL BENEFIT LIFE INSURANCE CO. et al., Defendants.

United States District Court, E.D. New York.

August 13, 1996.

Attorney(s) appearing for the Case

David W. Silverman, New City, NY, pro se.

George Berger, Phillips, Nizer, Benjamin, Krim and Ballon, New York City, for Mutual Benefit Life Ins. Co.

Howard F. Wolfson, Patricia Anne Kuhn, Whitman, Breed, Abbot & Morgan, New York City, for Principal Mutual Life Ins. Co.

OPINION AND ORDER

ROSS, District Judge:

In this action, a court-appointed fiduciary of an employee benefit plan seeks to hold an insurance company that acted as the plan's investment manager liable for the theft of assets by the plan's trustees. Plaintiff, David Silverman, argues that the insurance company, defendant Principal Mutual Life Insurance Co. ("Principal"), is liable as a co-fiduciary for the actions of the trustees under § 405(a) of...

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