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LUPIANI v. WAL-MART STORES, INC.

No. 04-1392.

435 F.3d 842 (2006)

Frank LUPIANI; Mary Lou Wagner; Paul Brian Humphries; Larry Allen; Jean Wright; Sandra Williams, on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. WAL-MART STORES, INC.; Administrative Committee, Associates' Health and Welfare Plan; Wal-Mart Stores, Inc., Profit Sharing Administrative Committee; Wal-Mart Stores, Inc., 401(k) Administrative Committee; Wal-Mart Stores, Inc., Retirement Plans Committee; Individual Plan Fiduciaries, Defendants-Appellees, Wal-Mart Profit Sharing Plan; Wal-Mart Stores, Inc., 401(k) Retirement Savings Plan; Associates' Health and Welfare Plan, Real Parties in Interest.

United States Court of Appeals, Eighth Circuit.

Filed: January 19, 2006.

Attorney(s) appearing for the Case

David A. Rosenfeld, argued, Oakland, CA (Christian L. Raisner and David A. Bohl, on the brief), for appellant.

Mark A. Casciari, argued, Chicago, IL (Ian H. Morrison, on the brief), for appellee.

Before MELLOY, BRIGHT, and BOWMAN, Circuit Judges.

MELLOY, Circuit Judge.

Plaintiff-employees appeal the district court's order dismissing their ERISA claims against Wal-Mart Stores, Inc. ("Wal-Mart") and related entities for lack of subject matter jurisdiction. We reverse and remand.

I.

The plaintiffs are participants in three employee benefit plans sponsored by Wal-Mart Stores, Inc. The three plans are: 1) a Profit Sharing Plan; 2) a 401(k) Pension Plan; and 3) a Health and Welfare Plan. These...

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