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MARTIN v. AMERICAN BANCORPORATION RETIREMENT PLAN

No. 04-1559.

407 F.3d 643 (2005)

John MARTIN, Individually and on behalf of a Class of Plan Participants as set forth herein; John Samuels, Individually and on behalf of a Class of Plan Participants as set forth herein; William Shoaf, Individually and on behalf of a Class of Plan Participants as set forth herein, Plaintiffs-Appellants, v. AMERICAN BANCORPORATION RETIREMENT PLAN; American Bancorporation, an Ohio corporation; Brent E. Richmond, as a fiduciary of the Plan, Defendants-Appellees, and Wesbanco, Incorporated, a West Virginia banking corporation, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: May 11, 2005.

Attorney(s) appearing for the Case

ARGUED: Patrick Stanley Cassidy, CASSIDY, Myers, Cogan, Voegelin & Tennant, L.C., Wheeling, West Virginia, For Appellants. John Porco, Schrader, Byrd & Companion, P.L.L.C., Wheeling, West Virginia; Cynthia B. Jones, Steptoe & Johnson, Morgantown, West Virginia, For Appellees. On Brief: Thomas M. Cunningham, Cassidy, Myers, Cogan, Voegelin & Tennant, L.C., Wheeling, West Virginia, For Appellants. Sara E. Hauptfuehrer, Steptoe & Johnson, Morgantown, West Virginia, For Appellee American Bancorporation; Ray A. Byrd, Schrader, Byrd & Companion, P.L.L.C., Wheeling, West Virginia, for Appellees American Bancorporation Retirement Plan and Brent E. Richmond.

Before WIDENER, MOTZ, and GREGORY, Circuit Judges.

Reversed and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge WIDENER and Judge MOTZ joined.

OPINION

GREGORY, Circuit Judge:

John Martin, John Samuels, and William Shoaf (collectively "Appellants"), retirees from Wheeling National Bank, both individually and on behalf of a class of retirement plan participants, brought this action under the Employee Retirement Income Security...

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