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NORTH AMERICAN COAL CORP. v. ROTH

No. 04-2213.

395 F.3d 916 (2005)

NORTH AMERICAN COAL CORPORATION Retirement Savings Plan, and its Plan Administrator, the North American Coal Corporation, Appellees, v. Todd ROTH; Mitchell Schlaht, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: January 25, 2005.

Attorney(s) appearing for the Case

Todd Roth, Mitchell Schlaht, McClusky, ND, for appellant.

Brian R. Bjella, Bismarck, ND, for appellee.

Before BYE, MELLOY, and COLLOTON, Circuit Judges.

PER CURIAM.

Todd Roth and Mitchell Schlaht appeal the district court's adverse partial grant of summary judgment in a lawsuit brought by the North American Coal Corporation (NACCO)'s Retirement Savings Plan — an Employee Retirement Income Security Act (ERISA) plan — and NACCO, the Plan's administrator. The suit arose when NACCO mistakenly overpaid monies from a retirement savings account to Roth, who then endorsed...

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