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RICHARD B. ROUSH, INC. v. NEW ENGLAND MUT. LIFE

No. 01-4156.

311 F.3d 581 (2002)

RICHARD B. ROUSH, INC. PROFIT SHARING PLAN, by Richard K. Roush, Trustee; Roush Insurance Group, Inc., as successor to Richard B. Roush, Inc.; Richard B. Roush, Inc.; Richard K. Roush, Appellants v. THE NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY; New England Financial

United States Court of Appeals, Third Circuit.

Filed November 27, 2002.

Attorney(s) appearing for the Case

E. Parry Warner (argued), William J. Leonard, Obermayer Rebmann Maxwell & Hippell LLP, Philadelphia, PA, for Appellants.

E. Thomas Henefer (argued), Stevens & Lee, Reading, PA, for Appellees.

Before BARRY, AMBRO and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal brings before us a claim by the plaintiff, Roush,1 that the fiduciary of his funds, the defendant, New England,2 failed to deposit and invest the funds as instructed and by that failure, among others, breached his trust under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461.

The District Court...

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