DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

081952P.pdf   11/03/2009  Randal McCullough  v.  Aegon USA
   U.S. Court of Appeals Case No:  08-1952
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Colloton, Author, with Bye, Circuit Judge, and
   Goldberg, Judge of the United States Court of International Trade]
   Civil case - ERISA. The court's holding in Harley v. Minnesota Mining
   & Manufacturing Co., 284 F.3d 901 (8th Cir. 2002) remains valid in light
   of Sprint Communications Co. v. APCC Services, Inc., 128 S. Ct. 2531
   (2008), and defendant's summary judgment is affirmed; given Harley's
   holding that a participant suffers no injury so long as the plan is
   substantially overfunded, there was no basis to authorize an action against
   the fiduciaries for injunctive relief. Judge Bye, dissenting.