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MAHER v. STRACHAN SHIPPING CO.

No. 94-30618.

68 F.3d 951 (1995)

Warren A. MAHER, et al., Plaintiffs-Appellants, Cross-Appellees, v. STRACHAN SHIPPING COMPANY, et al., Defendants-Appellees, Cross-Appellants, United States of America, Intervenor.

United States Court of Appeals, Fifth Circuit.

November 14, 1995.

Attorney(s) appearing for the Case

David B. Spizer, New Orleans, Steven K. Faulkner, Jr., Metairie, LA, for appellants.

Elizabeth Hopkins, Timothy Hauser, Allen H. Feldman, Nathaniel I. Spiller, U.S. Dept. of Labor, Plan Benefits Security Div., Washington, DC, for amicus curiae Secretary of Labor.

Howard Shapiro, Anne H. Breaux, Steven R. Cupp, David P. Bendana, McCalla, Thompson, Pyburn, Hymowitz & Shapiro, New Orleans, LA, for appellees.

Before POLITZ, Chief Judge, and JONES and PARKER, Circuit Judges.

EDITH H. JONES, Circuit Judge:

When this class action was filed in 1992, the applicable ERISA statute of limitations, 29 U.S.C. § 1113 (1987), barred cases six years after the breach occurred and three years after the earliest date on which a plaintiff "had actual knowledge of the breach or violation ..." The district court found that the plaintiffs' knowledge in 1987 that Strachan had purchased Executive Life annuities to replace their former retirement benefits...

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