of plan participants.” In Martin v. Feilen supra, the court concluded that Hickman applied to ESOPs, noting that “[v]irtually all of an employer’s significant business decisions affect the value of its stock, and therefore the benefits that ESOP plan participants will ultimately receive.” 965 F.2d at 666 (observing that section 1104 only applies to “transactions that involve investing the ESOP’s assets or administering the plan.”) Further, we have held that a company does not act in a fiduciary capacity when deciding to amend or terminate an ERISA benefits plan. Adams v. Avondale Industries, Inc., 905 F.2d 943, 947 (6th Cir.1990), cert. denied, 498 U.S. 984, 111 S.Ct. 517, 112 L.Ed.2d 529 (1990). See also, Bryant v. International Fruit Prod. Co., 886 F.2d 132, 134 (6th Cir.1989) (<HOLDING>); Musto v. American General Corp., 861 F.2d
holding that a plaintiff seeking individual relief under erisa  502a3 under a breach of fiduciary duty theory did not have a cause of action when the alleged breach of fiduciary duty was a failure to distribute benefits in accordance with the plan holding that salesman of companys financial products not fiduciary to erisa plan holding that because an erisa plan is not a participant beneficiary or fiduciary subject matter jurisdiction did not exist under  502e of erisa over a suit brought by such a plan holding that plan administrator of an erisa health plan did not have to anticipate the confusion of a plan participant holding that plan trustees do not breach their fiduciary duty by failing to reverse a companys decision to amend an erisa plan