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Hearn v. McKay

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Before EDMONDSON and PRYOR, Circuit Judges, and CAMP,*fn1 District Judge.

This appeal is by several members of the American Maritime Officers Union (“AMO”) in their unsuccessful civil action against current and former officers of the AMO. Appellant-Plaintiffs contend that the district court erred in this way: (1) granting summary judgment in favor of Defendants on the issue of whether a union officer violates the fiduciary duties established by the Labor-Management Reporting and Disclosure Act (“LMRDA”), 29 U.S.C. § 501(a), if that officer aids, abets, or fails to remedy the misuse of assets belonging to a jointly administered benefit plan governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq; and (2) making an erroneous factual finding and abusing its discretion in two evidentiary rulings during the bench trial.*fn2

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