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FALLIN v. COMMONWEALTH INDUSTRIES, INC.

Civil Action No. 3:07CV-196-H.

521 F.Supp.2d 592 (2007)

Robert H. FALLIN, et al., Plaintiffs v. COMMONWEALTH INDUSTRIES, INC. CASH BALANCE PLAN, et al., Defendants.

United States District Court, W.D. Kentucky, at Louisville.

November 9, 2007.

Attorney(s) appearing for the Case

Michael D. Grabhorn, Grabhorn Law Office, PLLC, Louisville, KY, for Plaintiffs.

Keith L. Pryatel, Kenneth M. Haneline, Kastner Westman & Wilkins, LLC, Akron, OH, Lira A. Johnson, Dinsmore & Shohl L LP, Louisville, KY, for Defendants.

MEMORANDUM OPINION

JOHN G. HEYBURN, II, Chief Judge.

Plaintiffs are a group of former employees of Commonwealth Industries, Inc. ("Commonwealth") who allege that various changes to Commonwealth's employee retirement benefit plan (the "Plan") adopted both in 1994 and 1998 violate ERISA. Defendants have moved to dismiss on the grounds that the applicable statute of limitations bars all claims. This requires the Court to determine (1) the applicable state law...

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