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LARUE v. DEWOLFF, BOBERG & ASSOCIATES, INC.

No. 05-1756.

450 F.3d 570 (2006)

James LaRUE, Plaintiff-Appellant, v. DeWOLFF, BOBERG & ASSOCIATES, INCORPORATED; DeWolff, Boberg & Associates, Incorporated, Employees' Savings Plan, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 19, 2006.

Attorney(s) appearing for the Case

ARGUED: Robert Edward Hoskins, Foster Law Firm, L.L.P., Greenville, South Carolina, for Appellant. Thomas Peter Gies, Crowell & Moring, L.L.P., Washington, D.C., for Appellees. ON BRIEF: Rebecca Lee, Crowell & Moring, L.L.P., Washington, D.C., for Appellees.

Before WILKINSON and TRAXLER, Circuit Judges, and RICHARD L. WILLIAMS, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge TRAXLER and Senior Judge WILLIAMS joined.

OPINION

WILKINSON, Circuit Judge:

The plaintiff in this case alleges that defendant fiduciaries breached their duty to him by failing to implement the investment strategy he had selected for his employee retirement account. Relying on two separate provisions of the Employee Retirement...

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