Buster

In Thomas, Head & Greisen Employees Trust v. Buster, 24 F.3d 1114 (9th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 935 , 130 L.Ed.2d 881 (1995), this court affirmed a judgment of $142,745.71 against Jack Buster and others not parties to this appeal under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001-1461 . The district court ruled in favor of Thomas, Head & Greisen Employees Trust, Ronald Greisen, and' Henry Head (collectively, “Thomas, Head”) upon finding that Buster breached his fiduciary duties to Thomas, Head in the sale of certain deed-of-trust notes.

The initial appeal (No. 94-35872) arises out of supplementary proceedings in which Thomas, Head has attempted to execute on its judgment against Buster. In February 1993, Thomas, Head amended its complaint to join as defendants Janice Sue Buster, a/k/a Janice Sue Johnson, Horizons West, Inc., Scorpio, Inc., Susan Benedict, trustee of the Western Investment Trust (collectively, “the Johnson parties”), and others not party to this appeal. The amended complaint alleges that Buster fraudulently transferred various properties to the Johnson parties in an effort to avoid payment of the judgment. The…