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HUNTER v. BERKSHIRE HATHAWAY, INC.

No. 15-10854.

829 F.3d 357 (2016)

Judy HUNTER, on behalf of herself, individually, on behalf of all others similarly situated; as a member of the Acme Brick Company 401(k) Retirement and Savings Plan Investment/Administrative Committee; and as a member of the Acme Brick Company Pension Plan Retirement; Anita Gray, individually, and on behalf of all others similarly situated; Bobby Lynn Allen, individually, and on behalf of all others similarly situated, Plaintiffs-Appellants v. BERKSHIRE HATHAWAY, INCORPORATED; Acme Building Brands, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed July 11, 2016.

Attorney(s) appearing for the Case

Gary A. Gotto , Christopher Graver , Keller Rohrback, L.L.P., Phoenix, AZ, Thomas David Copley , Keller Rohrback, L.L.P., Seattle, WA, for Plaintiffs-Appellants

Anthony F. Shelley , Miller & Chevalier Chartered, Washington, DC, Ralph H. Duggins, III , Cantey Hanger, L.L.P., Fort Worth, TX, for Defendants-Appellees

Before CLEMENT and OWEN, Circuit Judges, and JORDAN, District Judge.

In this ERISA action, Plaintiffs-Appellants Judy Hunter, Anita Gray, and Bobby Lynn Allen appeal the district court's dismissal of their claims against Berkshire Hathaway, Inc. ("Berkshire") and Acme Building Brands, Inc. ("Acme"). For the following reasons, we AFFIRM the district court's dismissal of the claims...

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