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SMITH v. NATIONAL CREDIT UNION ADMIN. BD.

No. 93-6737.

36 F.3d 1077 (1994)

Robert W. SMITH, individually and on behalf of a class of all those similarly situated, Plaintiff-Appellant, v. NATIONAL CREDIT UNION ADMINISTRATION BOARD, as Conservator of America's First Credit Union, America's First Credit Union, Principal Mutual Life Insurance Company, America's First Credit Union Retirement Plan, America's First Credit Union Retirement Savings Fund, America's First Credit Union Nonqualified Retirement Plan, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 1, 1994.

Attorney(s) appearing for the Case

Robert G. Tate, A. Brand Walton, H. Graham Beene, Burr & Forman, Birmingham, AL, for appellant.

Lynn E. Hare, Barker, Janecky & Newell, P.C., Glenn E. Estess, Jr., Alton B. Parker, Jr., Spain, Gillon, Grooms, Blan & Nettles, Birmingham, AL, for appellees.

Before CARNES and BARKETT, Circuit Judges, and JOHNSON, Senior Circuit Judge.

BARKETT, Circuit Judge:

This is an appeal from a final decision of the district court granting summary judgment to all defendants in this certified class action under the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. ("ERISA"). The parties stipulated to all the facts in this case and agreed that disposition should be by summary judgment. We affirm in part and reverse in part.

I.

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