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KENNY v. QUIGG

No. 86-2073.

820 F.2d 665 (1987)

Kathleen M. KENNY; William E. Brock, Secretary of the United States Department of Labor, Plaintiffs-Appellants, v. Richard S. QUIGG; George A. Janis; John J. Rachel; John O. Gauthier; Robert W. Shaw; Fletcher K. Ware; William A. Simpson; William C. Fisher; RGI Inc.; Rehab Computer Inc., Restated Employee Money Purchase Trust; Rehab Computer Inc., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 16, 1987.

Attorney(s) appearing for the Case

Robert Emmet Nagle, Washington, D.C., on brief, for plaintiffs-appellants.

George P. Blackburn, Jr., Fairfax, Va., Donald J. Myers (Diane E. Burkley, Michael A. Curto, Pierson, Ball & Dowd, Washington, D.C., on brief), for defendants-appellees.

Before WIDENER and ERVIN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

ERVIN, Circuit Judge:

This appeal arises out of litigation concerning the sale of stock owned by an employee stock ownership plan to the trustees of the plan and others. Kathleen M. Kenny, a participant in the plan, appeals from a final order approving the sale of the stock pursuant to the findings and conclusions of a court-appointed fiduciary. For the reasons discussed below, we reverse the decision of the district court and remand this case for further proceedings...

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