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PAINTERS LOCAL UNION NO. 109 PENSION FUND v. SMITH BARNEY INC.

No. 97-1832.

133 F.3d 590 (1998)

PAINTERS LOCAL UNION NO. 109 PENSION FUND, and James King, Larry Curtice, and Robert Briggs, Jr. in their capacities as Trustees for Painters Local Union No. 109 Pension Fund, Plaintiffs, v. SMITH BARNEY INC. and Robert Nixon, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided January 7, 1998.

Rehearing and Suggestion for Rehearing Denied February 6, 1998.

Attorney(s) appearing for the Case

Gail E. Boliver, Omaha, NE, argued, for plaintiffs-appellants.

Kathleen Mary Quinn, Omaha, NE, argued (David R. Wilson, on the brief), for defendants-appellees.

Before BOWMAN, MURPHY, Circuit Judges, and CONMY, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied February 6, 1998.

CONMY, District Judge.

Smith Barney, Inc. & Robert Nixon ("Smith Barney") were involved in the management of the Painter's Local Union No. 109 Pension Fund ("Fund"). The Fund alleges that the managers breached a fiduciary duty to the Fund by dealing in certain securities in which Smith Barney had an ownership interest.

Pursuant to...

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