Barboza

Barboza v. California Ass'n of Professional Firefighters

Good Law
2015 D.A.R. 10·799 F.3d 1257
United States Court of Appeals for the Ninth CircuitApril 7, 2015Nos. 11-15472, 11-16082, 11-16024, 11-16081California5,670 words

Opinion

Lead Opinion

Ikuta, J.

ORDER AND OPINION

ORDER

The opinion filed April 7, 2015, and appearing at 782 F.3d 1072 , is hereby amended. The superseding amended opinion will be filed concurrently with this order.

With these amendments, the panel has unanimously voted to deny the parties’ cross petitions for rehearing, each filed May 12, 2015. Judge Ikuta has voted to deny the parties’ cross petitions for rehearing en banc, each filed May 12, 2015, and Judge Noonan and Judge Albritton have so recommended. The petitions for rehearing en banc were circulated to the judges of the court, and no judge requested a vote for en banc consideration.

The petitions for rehearing and the petitions for rehearing en banc are DENIED. No further petitions for rehearing or rehearing en banc will be entertained.

OPINION

This appeal requires us to interpret three different provisions of the Employee Retirement Income Security Act of 1974 (ERISA): (1) the requirement in 29 U.S.C. *1262 § 1103 (a) that “all assets of an employee benefit plan shall be held in trust by one or more trustees,” sometimes called the “hold in trust” requirement; (2) the prohibition against fiduciary self-dealing under 29 U.S.C. § 1106 ; and (3) the…

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