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HARLEY v. MINNESOTA MIN. AND MFG. CO.

Nos. 00-2214, 01-1213.

284 F.3d 901 (2002)

Carol HARLEY, et al., Plaintiffs-Appellants, v. MINNESOTA MINING AND MANUFACTURING COMPANY, Defendant-Appellee. Carol Harley, et al., Plaintiffs-Appellants, v. Guillo Agostini, et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 26, 2002.

Attorney(s) appearing for the Case

Alan M. Sandals, Philadelphia, PA, argued (Scott M. Lempert, Philadelphia, PA, Seymour J. Mansfield and Debra S. Nelson, Minneapolis, MN, on the brief), for appellant.

John D. French, Minneapolis, MN, argued (Steven L. Severson, Deborah A. Ellingboe, Minneapolis, and J. Alan Galbraith, Washington, D.C., on the brief), for appellee.

Sara Pikofsky, Office of the Solicitor, US Department of Labor, Plans Benefit Security Division, Washington, D.C., argued (Henry L. Solano, Allen H. Feldman and Karen L. Handorf, U.S. Department of Labor, Washington, D.C., on the brief), for amicus curiae.

Mary Ellen Signorille, AARP Foundation Litigation, and Melvin Radowitz, AARP, Washington, D.C. (on the brief), for amicus curiae on behalf of AARP in support of appellants.

Before LOKEN, MURPHY, and BYE, Circuit Judges.

LOKEN, Circuit Judge.

These are two class actions against Minnesota Mining and Manufacturing Company ("3M") and certain 3M employees by participants and beneficiaries of the 3M Employee Retirement Income Plan (the "Plan"). The Plan is subject to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1461. Plaintiffs allege that 3M breached its fiduciary duties under ERISA by failing to adequately investigate and monitor a $20 million investment...

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