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Probate and Trusts
Breach of Fiduciary Duty
Pension Plan

Springate v. Weighmasters Murphy, Inc. Money Purchase Pension Plan, Charles E. Murphy, John E. Murphy & Frank Murphy

Published: Oct. 15, 2002 | Result Date: Jul. 1, 2002 | Filing Date: Jan. 1, 1900 |

Case number: CV0103551DT Bench Decision –  $1,087,650

Judge

Dickran M. Tevrizian

Court

USDC Central


Attorneys

Plaintiff

Gary C. Nawa

Ronald M. LaBran


Defendant

Edward W. Sheridan


Facts

Eleanor Murphy died after naming Fred Springate the beneficiary of her vested interest in the Weighmasters
Murphy Inc. Money Purchase Pension Plan. The defendants, two of the decedent's brothers and a nephew,
refused to release Eleanor Murphy's vested interest in the plan to her named beneficiary, Fred Springate.

Result

Summary judgment for the plaintiff for all losses sustained by the plan, in the amount of $814,818 plus pre- judgment interest of $174,684, plus attorney fees of $179,900 and costs of $5,700, and the removal of all defendants as fiduciaries of the plan.

Other Information

Judgment for the Plaintiff on Summary Judgment for all losses sustained by the Plan in the amount of $814,818 plus prejudgment interest in the amount of $174,684, plus attorney fees in the amount of $179,900 and costs of $5,700, and the removal of all defendants as fiduciaries of the Plan.


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