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J. GEILS BAND BEN. PLAN v. SMITH BARNEY INC.

No. 95-1699.

76 F.3d 1245 (1996)

J. GEILS BAND EMPLOYEE BENEFIT PLAN, et al., Plaintiffs-Appellants, v. SMITH BARNEY SHEARSON, INC., et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided February 20, 1996.

Attorney(s) appearing for the Case

Thomas J. Butters, with whom Cullen & Butters was on brief, Boston, MA, for appellants.

Barry Y. Weiner, with whom Christopher P. Litterio, William E. Ryckman and Shapiro, Israel & Weiner, P.C. were on brief, Boston, for appellees.

Before TORRUELLA, Chief Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

TORRUELLA, Chief Judge.

Appellants, the J. Geils Band Employee Benefit Plan (the "Plan"), and Stephen Bladd (the "Trustee"), John Geils, Jr., Richard Salwitz and Seth Justman (the "Participants"), brought this suit alleging fraud and breach of fiduciary duty under the Employment Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. (1994), in connection with certain investment transactions made by Appellees in 1985, 1986 and 1987....

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