Horn v. Berdon, Inc. Defined Benefit Pension Plan

938 F.2d 125 13 Employee Benefits Ca 2492 Maurice HORN; Martin Gordon; Rose Friedman, Plaintiffs-Appellants, v. BERDON, INC. DEFINED BENEFIT PENSION PLAN; Ornyte, Inc.; Proform, Inc.; Rod Burwell; Richard J. Kelber; John Steinbergs, Defendants-Appellees. No. 89-55391. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 13, 1990. Decided July 1, 1991. Ronald Dean, Pacific Palisades, Cal., for plaintiffs-appellants. Eric A. Schneider, Anderson, McPharlin & Conners, Los Angeles, Cal., for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before BROWNING, NOONAN and FERNANDEZ, Circuit Judges. PER CURIAM: 1 Plaintiffs brought suit alleging defendants violated duties owed plaintiffs under both the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. Sec. 1001 et seq., and a contract between the parties. The district court granted summary judgment for defendants. We reverse. 1 I. 2 Plaintiffs Maurice Horn, Martin Gordon, and Rose Friedman were the sole shareholders and directors of Berdon, Inc. They sold their interest to defendant Rod Burwell. Prior to the sale, plaintiffs were also…