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NOA v. KEYSER

Civil Action No. 05-CV-776 (JEI).

519 F.Supp.2d 481 (2007)

Gary NOA, Elmer Arthur Kaler, Joseph Yaniak, and Julia Holden, on behalf of themselves and all others similarly situated, Plaintiffs, v. Craig D. KEYSER, Judy Fisher, Trump Hotels & Casino Resorts, Inc., Trump Taj Mahal Associates, Trump Marina Associates, Trump Plaza Associates, Trump Indiana, Inc., Frederick Cunningham, Theresa Glebocki, Francis Y. Mccarthy, Daniel McFadden, Stephen Oskiera, and Loretta Pickus, Defendants.

United States District Court, D. New Jersey.

October 30, 2007.

Attorney(s) appearing for the Case

Trujillo Rodriguez & Richards, LLC by Lisa J. Rodriguez, Haddonfield, NJ, for Plaintiffs.

McElroy, Deutsch, Mulvaney & Carpenter, LLP by Florina A. Moldovan, Esq., Francis X. Dee, Esq., Morristown, NJ, for Defendants.

OPINION

IRENAS, Senior District Judge.

Plaintiffs commenced this class action against Defendants on February 8, 2005.1 Plaintiffs assert three claims: (1) Defendants breached their fiduciary duties to Plaintiffs under section 404 of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1104, by forcing the sale of all Trump Hotels & Casino Resorts, Inc. ("THCR") common stock in Plaintiffs' 401(k) plans,...

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