Patrick L. GEARREN, Jan Deperry, Mary Sullivan, Harvey Sullivan, and Cynthia Davis, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants,
v.
THE McGRAW-HILL COMPANIES, INCORPORATED, The Pension Investment Committee of McGraw-Hill, Marty Martin, The Board of Directors of the McGraw-Hill Companies, Incorporated, Winfried Bischoff, Douglas N. Daft, Linda Koch Lorimer, Harold McGraw, Hilda Ochoa-Brillembourg, Michael Rake, James H. Ross, Edward B. Rust, Kurt L. Schmoke, Sidney Taurel, John Does 1-20, Robert J. Bahash, Henry Hirschberg, Alex Maturri, James H. McGraw, IV, David L. Murphy, John C. Weisenseel, Kathleen A. Corbet, Phil Edwards, Robert P. McGraw, and Pedro Aspe, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Michael Schloss , Senior Trial Attorney ( M. Patricia Smith , Solicitor of Labor, Timothy D. Hauser , Associate Solicitor for Plan Benefits Security, Elizabeth Hopkins , Counsel for Appellate and Special Litigation, on the brief), United States Department of Labor, Washington, DC, for amicus curiae Hilda L. Solis, Secretary of the United States Department of Labor.
Judge STRAUB dissents for substantially the same reasons expressed in his dissent and partial concurrence in ___ F.3d ___ (2d Cir.2011).
United States Court of Appeals, Second Circuit.
PER CURIAM:
Plaintiffs-Appellants Patrick L. Gearren, Jan Deperry, Mary Sullivan, Harvey Sullivan, and Cynthia Davis, on behalf of themselves and a putative class of persons similarly situated ("Plaintiffs"), appeal from a decision of the District Court for the Southern District of New York (Richard J. Sullivan, Judge) granting defendants' motion to dismiss plaintiffs' complaints for failure to state a claim upon which relief can be granted.
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