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WHITE v. MARTIN

No. 99-CV-1447.

286 F.Supp.2d 1029 (2003)

Bradley WHITE, Plaintiff, v. Madeline L. MARTIN, individually as trustee and fiduciary of the Bob Martin Trucking, Inc. Profit Sharing Plan, Defendant.

United States District Court, D. Minnesota.

March 31, 2003.

Attorney(s) appearing for the Case

Steven E. Rau, Flynn, Gaskins & Bennett, L.L.P., Minneapolis, MN, and Matthew B. Newman, Newman Law Office, Savage, MN, for plaintiff.

Madeline L. Martin, Eden Prairie, MN, defendant pro se.1

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT

TUNHEIM, District Judge.

Plaintiff Bradley White ("White") is suing defendant Madelaine L. Martin ("Lyn Martin") individually and in a derivative capacity on behalf of all the participants of the Bob Martin Trucking, Inc. Profit Sharing Plan ("Plan"). He is suing for breach of fiduciary duty under section 409 of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1109 and for...

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