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CROSBY v. BOWATER INC. RETIREMENT PLAN

No. 03-1044.

382 F.3d 587 (2004)

Frank J. CROSBY, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. BOWATER INCORPORATED RETIREMENT PLAN FOR SALARIED EMPLOYEES OF GREAT NORTHERN PAPER INC. and Bowater, Incorporated, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 9, 2004.

Attorney(s) appearing for the Case

Bradley J. Schram (briefed), Robert P. Geller (briefed), Eva T. Cantarella, (argued and briefed), Bradford T. Yaker (briefed), Hertz, Schram & Saretzky, Bloomfield Hills, MI, for Plaintitts-Appellees.

Thomas J. Piskorski (argued), Ian H. Morrison (briefed), Seyfarth Shaw, Chicago, IL, for Defendants-Appellants.

Before: BOGGS, Chief Judge; DAVID A. NELSON and SUTTON, Circuit Judges.

OPINION

DAVID A. NELSON, Circuit Judge.

This appeal shows that the distinction between law and equity can still have consequences. ("The forms of action we have buried," Maitland observed in a very different context, "but they still rule us from their graves."1)

The plaintiff, a participant in a retirement plan governed by the Employee Retirement Income Security Act of 1974 ...

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