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BENEFITS COMMITTEE v. KEY TRUST CO.

No. 01-3255.

313 F.3d 919 (2002)

BENEFITS COMMITTEE OF SAINT-GOBAIN CORPORATION; George B. Amoss; Bruce H. Cowgill; Stephen A. Segebarth; Dennis J. Baker, in their capacities as members of the Benefits Committee of Saint-Gobain Corporation, Plaintiffs-Appellants, v. KEY TRUST COMPANY OF OHIO, N.A., Trustee of the Furon Company Employee Stock Ownership Plan, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 16, 2002.

Rehearing and Suggestion for Rehearing Denied: February 11, 2003.

Attorney(s) appearing for the Case

Kay Kyungsun Yu (briefed), Michael L. Banks (argued and briefed), Brian J. Dougherty (briefed), Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Plaintiffs-Appellants.

Jeffrey S. Leavitt (briefed), Patricia Eschbach-Hall (briefed), Jones, Day, Reavis & Pogue, Cleveland, OH, John W. Edwards, II (argued and briefed), Jones, Day, Reavis & Pogue, Menlo Park, CA, for Defendant-Appellee.

Peter B. Dolan (argued and briefed), U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Amicus Curiae.

Before: SILER, COLE, and CLAY, Circuit Judges.

>Rehearing and Suggestion for Rehearing En Banc Denied: February 11, 2003.

OPINION

SILER, Circuit Judge.

Plaintiff Benefits Committee of Saint-Gobain Corporation and Plaintiffs George B. Amoss, Bruce H. Cowgill, Stephen A. Segebarth, and Dennis J. Baker, in their capacities as members of the Benefits Committee of Saint-Gobain Corporation (collectively, the "Benefits Committee"), appeal the grant of summary judgment to Defendant Key Trust Company...

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