Ruocco v. Bateman

903 F.2d 1232 58 USLW 2736 , 12 Employee Benefits Ca 1557 John D. RUOCCO, on behalf of himself and as the representative of a class of persons similarly situated, Plaintiff-Appellee, v. BATEMAN, EICHLER, HILL, RICHARDS, INCORPORATED, John R. Bolin, Theodore Prush, Defendants-Appellants. No. 88-6655. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1990. Decided May 18, 1990. 1 Craig B. Jorgensen, Jon L. Rewinski, Louis W. Karlin, Kindel & Anderson, Los Angeles, Cal., for defendants-appellants. 2 J. Michael Hennigan, Richard M. Callahan, Jr., Hennigan & Mercer, Los Angeles, Cal., for plaintiff-appellee. 3 Appeal from the United States District Court for the Central District of California. 4 Before THOMPSON and TROTT, Circuit Judges, and MARSH, District Judge. * MARSH, District Judge: 5 This action involves claims by John Ruocco, on behalf of himself and current and former Bateman, Eichler, Hill, Richards, Inc., et al., ("BEHR") employees who participated in BEHR's long-term disability plan between January 1, 1982 and December 30, 1984. The plaintiff class claims that BEHR violated its fiduciary duties, the Employee Retirement Income and Security…