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SOMMERS DRUG STORES v. CORRIGAN ENTERPRISES, INC.

No. 85-2377.

793 F.2d 1456 (1986)

The SOMMERS DRUG STORES CO. EMPLOYEE PROFIT SHARING TRUST, Plaintiff-Appellee, Cross-Appellant, v. CORRIGAN ENTERPRISES, INC. and Walter N. Corrigan, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 18, 1986.

Attorney(s) appearing for the Case

Shannon H. Ratliff, Mark O. Knisely, Jill Beckett Cochran, Austin, Tex., for defendants-appellants, cross-appellees.

Charles B. Gorham, Charles R. Shaddox, Stephen E. Walraven, San Antonio, Tex., for plaintiff-appellee, cross-appellant.

Before THORNBERRY, POLITZ, and RANDALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 18, 1986.

THORNBERRY, Circuit Judge:

The Sommers Drug Stores Company Employee Profit Sharing Trust sued Walter N. Corrigan and Corrigan Enterprises, Inc., in United States District Court for the Western District of Texas, alleging that the defendants had breached their fiduciary duty to the Trust under ERISA and under state common law. Following a jury verdict in favor of the Trust and a remittitur, the district...

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