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LEIGH v. ENGLE

No. 82-2943, 82-3040.

727 F.2d 113 (1984)

Charles W. LEIGH and Ervin F. Dusek, etc., Plaintiffs-Appellants, and George Johnson, et al., Intervening Plaintiffs-Appellants, v. Clyde William ENGLE, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 27, 1984.

As Modified On Denial of Rehearing and Rehearing March 20, 1984.

Attorney(s) appearing for the Case

Ware Adams, Chicago, Ill., David P. List, Eugene A. Schoon, James R. Stinson, Sidley & Austin, of counsel, Chicago, Ill., for plaintiffs-appellants.

Richard C. Moenning, Chicago, Ill., for intervening plaintiffs-appellants.

Morton Denlow, Sachnoff, Weaver & Rubenstein, Ltd., Chicago, Ill., for defendants-appellees.

Francis X. Lilly, Deputy Solicitor, Robert N. Eccles, Acting Associate Solicitor, Norman P. Goldberg, Counsel for Fiduciary Litigation, Marc I. Machiz, Asst. Counsel, Thomas L. Holzman, Atty., U.S. Dept. of Labor, Washington, D.C., amicus curiae.

Before WOOD and CUDAHY, Circuit Judges, and GRANT, Senior District Judge.

As Modified On Denial of Rehearing and Rehearing In Banc March 20, 1984.

CUDAHY, Circuit Judge.

Plaintiffs in this case are beneficiaries of an employee benefit plan who alleged that the plan administrators and others had violated fiduciary duty provisions of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 ("ERISA"). The heart of the case is a dispute over how ERISA governs the actions of plan administrators and other...

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