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GIW IND. v. TREVOR, STEWART, BURTON & JACOBSEN

No. 89-8262.

895 F.2d 729 (1990)

GIW INDUSTRIES, INC., Plaintiff-Appellee, v. TREVOR, STEWART, BURTON & JACOBSEN, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 1, 1990.

Attorney(s) appearing for the Case

Melvin Hutson, Greenville, S.C., Mark E. Brossman, Chadbourne & Parke, New York City, Oscar N. Persons, Alston & Bird, Atlanta, Ga., for defendant-appellant.

John I. Harper, Fulcher, Hagler, Reed, Obeshain, Hanks and Harper, Augusta, Ga., for plaintiff-appellee.

Before KRAVITCH and JOHNSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

TUTTLE, Senior Circuit Judge:

This is an appeal from the judgment of the district court in favor of plaintiff GIW Industries, Inc. (GIW) on its claim against Trevor, Stewart, Burton & Jacobsen, Inc. (Trevor Stewart) for breach of fiduciary duty and contract. GIW alleges that Trevor Stewart failed prudently to provide investment management services for plaintiff's profit-sharing plan, in violation of § 404(a)(1) of the Employee Retirement Income Security Act...

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