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INDIANAPOLIS LIFE INS. CO. v. HERMAN

No. 07-1797.

516 F.3d 5 (2008)

INDIANAPOLIS LIFE INSURANCE COMPANY, Plaintiff, v. Rosalind HERMAN, Trustee, Financial Resources Network, Inc. Profit Sharing Plan and Trust; Financial Resources Network, Inc. Profit Sharing Plan and Trust, Defendants, Cross-Claim Defendants, Appellants, Rudy K. Meiselman, M.D., Defendant, Cross-Claim Plaintiff, Appellee, Gregg D. Caplitz; Hope E. Meiselman, Defendants.

United States Court of Appeals, First Circuit.

Decided February 13, 2008.

Attorney(s) appearing for the Case

Robert D. Cohan with whom Cohan Rasnick Myerson LLP was on brief for appellants.

Charles P. Kazarian, P.C. for appellee.

Before BOUDIN, Chief Judge, CAMPBELL and STAHL, Senior Circuit Judges.

BOUDIN, Chief Judge.

In the district court, the plaintiff (now appellee) Rudy Meiselman obtained a default judgment against defendant (now appellant) Rosalind Herman—trustee of the Financial Resources Network Profit Sharing Plan and Trust ("FRN plan"). The dispute on this appeal is whether Herman, named in some court papers as trustee and in others not, is liable only in her trustee capacity or whether she is personally...

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