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BACON v. BOARD OF PENSIONS

A18-1307.

930 N.W.2d 437 (2019)

Pastor David BACON, Patricia Hepner, Ruth Dold, Sharon Hvam, individually and as representative of a class of similarly situated persons, and on behalf of the Evangelical Lutheran Church in America Retirement Plan and the ELCA Retirement Plan for the Evangelical Lutheran Good Samaritan Society, Appellants, v. BOARD OF PENSIONS OF THE EVANGELICAL LUTHERAN CHURCH IN AMERICA d/b/a Portico Benefit Services, Respondent.

Court of Appeals of Minnesota.

Filed May 28, 2019.

Attorney(s) appearing for the Case

Charles N. Nauen , Lockridge Grindal Nauen, P.L.L.P., Minneapolis, Minnesota; and Michael A. Wolff , Jerome J. Schlichter , Sean E. Soyars (pro hac vice), Schlichter, Bogard & Denton, L.L.P., St. Louis, Missouri (for appellants).

Sharon R. Markowitz , Jon M. Woodruff , Stinson Leonard Street, L.L.P., Minneapolis, Minnesota; and Christopher A. Weals (pro hac vice), James D. Nelson , Morgan, Lewis & Bockius, L.L.P., Washington, D.C. (for respondent).

Considered and decided by Cochran, Presiding Judge; Hooten, Judge; and Reyes, Judge.

OPINION

Appellants argue that their equitable claims for breach of trust, breach of fiduciary duty, and fraud and concealment against respondent retirement-plan trustee satisfy the requirements for certification as a mandatory class under Minn. R. Civ. P. 23.02(a)(1) and (2), even though they also seek monetary relief. Because...

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