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ROTH v. SAWYER-CLEATOR LUMBER CO.

No. 94-3368.

61 F.3d 599 (1995)

Gerald G. ROTH; Logan M. Ammon, Appellants, v. SAWYER-CLEATOR LUMBER COMPANY, Employee Stock Ownership Plan; Charles J. Sawyer; Clifford E. Sawyer, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 27, 1995.

Rehearing and Suggestion for Rehearing Denied September 20, 1995.

Attorney(s) appearing for the Case

George R. Serdar, Minneapolis, MN, argued, for appellants.

Marc J. Manderscheid, St. Paul, MN, argued (Bruce J. McNeil, on the brief), for appellees.

Before MAGILL, Circuit Judge, HEANEY, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied September 20, 1995.

MAGILL, Circuit Judge.

Plaintiffs Gerald G. Roth and Logan M. Ammon appeal from the district court's order granting summary judgment to Charles J. Sawyer and Clifford E. Sawyer, trustees of the Sawyer-Cleator Lumber Company Employee Stock Ownership Plan (the Plan). Roth and Ammon, who were participants in the Plan, claim that the district court erred when it determined that any breach...

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