Allison V. Bank One - Denver

Plaintiff-Appellant Roger K. Crosby ("Crosby Plaintiff"), as Trustee of the Crosby Group, Inc. Profit Sharing Plan (the "Plan"), and a group of Individual Retirement Account ("IRA") holders (collectively, the "Allison Plaintiffs"), filed suit against Defendant-Appellee Bank One-Denver ("Bank One") alleging violations of federal securities laws, Colorado securities laws, ERISA, 29 U. S. C. § 1104(a), RICO, 29 U. S. C. § 1961, the Colorado Organized Crime Control Act (COCCA), Colo. Rev. Stat. §§ 18-17-101 to 18-17-109, and violations of Colorado common law. Bank One asserted a counterclaim against the Allison Plaintiffs alleging a breach of an indemnity and hold-harmless agreement ("Indemnity Agreement"). The district court dismissed the RICO and COCCA claims prior to trial and they are not the subject of these appeals. After a full trial, the jury found in favor of the Crosby Plaintiff on its ERISA claim, but found in favor of Bank One on all of the Plaintiffs' remaining claims. In addition, the jury found that the Allison Plaintiffs had breached the Indemnity Agreement and assessed damages of one dollar against each Plaintiff. Subsequent to trial, the district court reversed its earlier conclusion that the jury should determine the ERISA claim and instead made its own findings of fact and held the Bank liable for violation of ERISA, but cut-off Bank One's liability as of January 1, 1988. Before us are the parties' appeals and cross-appeals arising from the district court's rulings, including its post-judgment decisions regarding costs. *fn1 We have jurisdiction pursuant to 28 U. S. C. § 1291 and we affirm in part, reverse in part, and remand for further proceedings.