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SCHWARTZ v. GREGORI

No. 93-3964.

45 F.3d 1017 (1995)

Diane A. SCHWARTZ, Plaintiff-Appellee, v. Joseph S. GREGORI, M.D.; Joseph S. Gregori, M.D., Inc., Individually and as Employer and Administrator of Pension Plan and Trust, Defendants-Appellants, John J. Kuczek and Kuczek & Associates, Inc., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided January 31, 1995.

Rehearing and Suggestion for Rehearing Denied March 17, 1995.

Attorney(s) appearing for the Case

Robert Samuel Hartford (argued and briefed), Timothy M. Reardon (briefed), Nadler, Nadler & Burdman, Youngstown, OH, for plaintiff-appellee.

Richard J. Thomas (argued and briefed), Richard N. Selby (briefed), Henderson, Covington, Stein, Donchess & Messenger, Youngstown, OH, for defendants-appellants.

Before: MILBURN and SUHRHEINRICH, Circuit Judges; and JOINER, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied March 17, 1995.

JOINER, District Judge.

Defendants Joseph S. Gregori and Joseph S. Gregori, M.D., Inc., appeal the judgment in favor of plaintiff Diane Schwartz for breach of fiduciary duty and retaliatory discharge under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001 et seq. The district court awarded Schwartz damages to compensate her for the financial losses caused by...

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