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RILEY v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 01-16150.

292 F.3d 1334 (2002)

Robert E. RILEY, Jr., as trustee of, and participant in, the Performance Toyota, Inc. 401(k) Profit Sharing Plan, on behalf of himself and on behalf of all similarly situated participants in the plans and shareholders of the Merrill Lynch Growth Fund, Sheila Cantrell, as trustee of, and participant in, the Performance Toyota, Inc. 401(k) Profit Sharing Plan, on behalf of herself and on behalf of all similarly situated participants in the plans and shareholders of the Merrill Lynch Growth Fund, Gregory D. Dingle, as trustee of, and participant in, the Performance Toyota, Inc. 401(k) Profit Sharing Plan, on behalf of himself and on behalf of all similarly situated participants in the plans and shareholders of the Merrill Lynch Growth Fund, Plaintiffs-Appellants, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC, Merrill Lynch Growth Fund, Merrill Lynch Assett Management, L.P, Arthur Zeikle, James H. Bodurtha, Herbert I. London, Robert R. Martin, Joseph L. May and Andre F. Perold, as the Trustees of the Merrill Lynch Growth Fund, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 7, 2002.

Attorney(s) appearing for the Case

Guy M. Burns, Jonathan Strickland Coleman, Johnson, Blakely, Pope, Boker, Ruppel & Burns, Tampa, FL, for Plaintiffs-Appellants.

Mark Holland, Clifford, Chance, Rogers & Wells, LLP, New York City, John Eamon Johnson, Marvin E. Barkin, Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, Tampa, FL, for Defendants-Appellees.

Before BARKETT and MARCUS, Circuit Judges, and HIGHSMITH, District Judge.

BARKETT, Circuit Judge:

Robert E. Riley and Sheila Cantrell are the trustees of the Performance Toyota, Inc. Profit Sharing Plan ("Performance Plan"), and Gregory Dingle is the trustee of the Master Packaging, Inc. 401(K) plan ("Master Packaging"). Both plaintiffs initially filed a class action1 in federal district court against Merrill Lynch2 alleging a violation...

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