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THOMAS v. PEACOCK

Nos. 92-2524, 93-1394 and 93-1469.

39 F.3d 493 (1994)

Jack L. THOMAS, Individually, on behalf of the Tru-Tech, Incorporated Pension Plan, and as a representative of a class of plaintiffs similarly situated, Plaintiff-Appellee, v. D. Grant PEACOCK, Defendant-Appellant, and Alan H. Finegold, Defendant. Jack L. THOMAS, Individually, on behalf of the Tru-Tech, Incorporated Pension Plan, and as a representative of a class of plaintiffs similarly situated, Plaintiff-Appellee, v. D. Grant PEACOCK, Defendant-Appellant, and Alan H. Finegold, Defendant. Jack L. THOMAS, Individually, on behalf of the Tru-Tech, Incorporated Pension Plan, and as a representative of a class of plaintiffs similarly situated, Plaintiff-Appellee, v. TRU-TECH, INC.; D. Grant Peacock, Defendants-Appellants, and Grant Peacock and Company, Inc.; Connecticut General Life Insurance Company, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided November 4, 1994.

Attorney(s) appearing for the Case

ARGUED: David Lynn Freeman, Wyche, Burgess, Freeman & Parham, P.A., Greenville, SC, for appellants. J. Kendall Few, Greenville, SC, for appellee. ON BRIEF: J. Theodore Gentry, Wyche, Burgess, Freeman & Parham, P.A., Greenville, SC, for appellants. James R. Gilreath, Greenville, SC, for appellee.

Before RUSSELL and WIDENER, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

Affirmed in part and vacated and remanded in part by published opinion. Judge RUSSELL wrote the opinion, in which Judge WIDENER and Senior Judge CHAPMAN joined.

OPINION

DONALD RUSSELL, Circuit Judge:

Jack L. Thomas ("Thomas"), a former employee of Tru-Tech, Inc. ("Tru-Tech"), brought a suit under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., on behalf of a class of former Tru-Tech employees against...

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