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McDANNOLD v. STAR BANK, N.A.

Nos. 99-3497; 00-3461.

261 F.3d 478 (2001)

William P. McDannold, et al., Plaintiffs-Appellees, v. Star Bank, N.A.; John Endres; Joyce L. Richter; Thomas A. Simons, Jr.; Graydon, Head & Ritchey, Defendants-Appellants, Lindhorst & Dreidame; William Kirkham; Gradison & Co., Inc., Defendants-Appellees, William J. Hare, et al., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 13, 2001.

Attorney(s) appearing for the Case

Judith Boyers Gee (briefed), Covington, KY, Stephen M. Perry (argued and briefed), Cosner & Edwards, Boston, MA, Massachusetts, for Plaintiff-Appellee.

ARGUED: Marcia E. Andrew (briefed), Thomas R. Schuck (argued and briefed), Taft, Stettinius & Hollister, Cincinnati, Ohio, for Defendants-Appellants at Docket Nos.99-3497, 00-3461.

Michael Schloss (argued and briefed), U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Amicus Curiae.

John W. Hust (briefed), Michael E. Maundrell, Schroeder, Maundrell, Barbiere & Powers, Cincinnati, Ohio, David C. Greer (briefed), Bieser, Greer & Landis, Dayton, Ohio, R. Gary Winters (briefed), Clement J. DeMichelis (briefed), McCaslin, Imbus & McCaslin, Cincinnati, OH, James E. Burke, III (briefed), Daniel E. Izenson (briefed), Keating, Muething & Klekamp, Cincinnati, OH, for Defendants-Appellants at Docket No.00-3461.

Before: MERRITT and COLE, Circuit Judges; HOOD, District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

MERRITT, Circuit Judge.

Though this combined appeal raises detailed questions of secured transactions and employee benefits law, the issue is easily stated. We must decide how to distribute $1.75 million in settlement monies claimed by plaintiffs and a secured creditor and what effect, if any, the fund should have upon the non-settling defendants. In No. 99-3497, Star Bank, as the secured creditor, claims...

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