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BRISCOE v. FINE

Nos. 05-5097, 05-5101, 05-5103, 05-5104.

444 F.3d 478 (2006)

William BRISCOE; Laura Farley; Harold Smith; Lawrence Smith; Michael R. Straka, Plaintiffs-Appellants (05-5097)/Cross-Appellees, v. Allan H. FINE; Martin L. Fine; Steven R. Fine (05-5104); Miriam Fine Gellar; Steven L. Fine (05-5101); Preferred Health Plan, Inc. (05-5103), Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 13, 2006.

Attorney(s) appearing for the Case

ARGUED: David L. Leightty, Leightty & Associates, Louisville, Kentucky, for Appellants. Robert W. Bishop, Bishop & Associates, Louisville, Kentucky, David Domene, Blackburn, Hundley & Domene, Louisville, Kentucky, William D. Roberts, Hall, Render, Killian, Heath & Lyman, Louisville, Kentucky, for Appellees. ON BRIEF: David L. Leightty, Leightty & Associates, Louisville, Kentucky, for Appellants. Robert W. Bishop, Bishop & Associates, Louisville, Kentucky, David Domene, Blackburn, Hundley & Domene, Louisville, Kentucky, William D. Roberts, A. Courtney Guild, Jr., Jay P. Turner, Hall, Render, Killian, Heath & Lyman, Louisville, Kentucky, for Appellees.

Before: RYAN, CLAY, and GILMAN, Circuit Judges.

GILMAN, J., delivered the opinion of the court, in which CLAY, J., joined.

RYAN, J. (p. 501-502), delivered a separate concurring opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Five former employees of the M. Fine & Sons Manufacturing Co., Inc. (the Company) filed this putative class-action lawsuit against five of the Company's former officers and directors (collectively, the Fines), as well as the third-party administrator of the...

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