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RANKE v. SANOFI-SYNTHELABO INC.

No. 04-4514.

436 F.3d 197 (2006)

Richard RANKE, Paul Diamantopoulos, Susan Fantoli, Donald Miles, Roy Saunders, Robert Kringle, Marie Santoro, Janice Wright, Anita Lee, Judy Valle, and Philip Cozentino, Appellants v. SANOFI-SYNTHELABO INC., Sanofi-Synthelabo Group Pension Plan, Eastman Kodak Company, and Kodak Retirement Income Plan.

United States Court of Appeals, Third Circuit.

January 27, 2006.

Attorney(s) appearing for the Case

Jeffrey P. Hoyle, (Argued), Law Offices of Jeffrey P. Hoyle, Media, PA, Stephen C. Kunkle, (Argued), Kunkle & Sennett, West Chester, PA, for Appellants.

Karen M. Wahle (Argued), Khuong G. Phan, O'Melveny & Myers LLP, Washington, DC, for Appellees Eastman Kodak Company and Kodak Retirement Income Plan.

Richard G. Rosenblatt (Argued), Sharri H. Horowitz, Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Appellees Sanofi-Synthelabo Inc. and Sanofi-Synthelabo Group Pension Plan.

Before ALITO, AMBRO, and LOURIE, Circuit Judges.

AMBRO, Circuit Judge, Dissenting.

OPINION OF THE COURT

LOURIE, Circuit Judge.

Richard Ranke and other similarly situated individuals in this case are former employees of Eastman Kodak Company ("Kodak"), and current or former employees of Sanofi-Synthelabo Inc. ("Sanofi"). They appeal from the decision of the United States District Court for the Eastern District of Pennsylvania dismissing their complaint for breach of fiduciary duty under the Employee...

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