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DIGERONIMO AGGREGATES, LLC v. ZEMLA

No. 13-4389.

763 F.3d 506 (2014)

DiGERONIMO AGGREGATES, LLC, Plaintiff-Appellant, v. Michael H. ZEMLA; Steven M. Eisenberg; Jack W. Sideris; Nick C. Sideris; Kevin Schroeder; James G. Stiegel; Thomas Tyrrell, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 14, 2014.

Attorney(s) appearing for the Case

ARGUED: Shaylor R. Steele , Benesch Friedlander, Coplan & Aronoff LLP, Cleveland, Ohio, for Appellant. Heather M. Kern , McDonald Hopkins LLC, Cleveland, Ohio, for Appellees. ON BRIEF: Shaylor R. Steele , Thomas O. Crist , Patrick J. Egan , Benesch Friedlander, Coplan & Aronoff LLP, Cleveland, Ohio, for Appellant. Heather M. Kern , Dan L. Makee , McDonald Hopkins LLC, Cleveland, Ohio, for Appellees.

Before: GRIFFIN and DONALD, Circuit Judges; and GRAHAM, District Judge.

OPINION

GRIFFIN, Circuit Judge.

Plaintiff, an employer who contributes to a multiemployer pension plan governed by the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1461, filed a complaint against defendants, trustees of that plan, alleging that they negligently managed the plan, causing plaintiff to suffer an increased withdrawal liability when a majority of contributing employers withdrew from the plan. The district court...

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