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NICOLAOU v. HORIZON MEDIA, INC.

Docket No. 03-9186.

402 F.3d 325 (2005)

Chrystina NICOLAOU, Plaintiff-Appellant, v. HORIZON MEDIA, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 28, 2005.

Attorney(s) appearing for the Case

Daniel J. Kaiser (Henry J. Saurborn, Jr., on the brief), Kaiser Saurborn & Mair, P.C., New York, NY, for Plaintiff-Appellant.

Laura H. Allen (Nicholas H. DeBaun, Nilufer Loy, Chad Edgar, on the brief), Sidley Austin Brown & Wood LLP, New York, NY, for Defendant-Appellee.

Gail Ann Perry, Trial Attorney, U.S. Dept. of Labor (Howard M. Radzely, Solicitor of Labor, Timothy D. Hauser, Associate Solicitor, and Elizabeth Hopkins, Counsel for Special Litigation, on the brief), Washington, D.C., for Amicus Curiae Secretary of Labor.

Before: POOLER, SACK, and RAGGI, Circuit Judges.

PER CURIAM.

BACKGROUND1

The defendant in this action, Horizon Media, Inc. ("Horizon"), is a New York corporation with its principal place of business located in New York City. ¶ 2. The plaintiff, Chrystina Nicolaou, was hired by Horizon in July 1998 as its Director of Human Resources and Administration. ¶ 6. In this capacity, Nicolaou served as a fiduciary and trustee of Horizon's 401(k) employee benefits plan...

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