BOWMAN, Chief J.
The Secretary of the United States Department of Labor sued Thomas J. Schwent, among others, for alleged violations of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461 (1994). The District Court granted judgment against Schwent, and Schwent appealed. In Herman v. Mercantile Bank, N.A.,
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