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WILMINGTON SHIPPING CO. v. NEW ENGLAND LIFE INS. CO.

No. 06-2052.

496 F.3d 326 (2007)

WILMINGTON SHIPPING COMPANY; Peter Brown Ruffin, Jr., Plaintiffs-Appellants, and Peter Brown Ruffin, Plaintiff, v. NEW ENGLAND LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 3, 2007.

Attorney(s) appearing for the Case

ARGUED: David Calep Wright, III, Robinson, Bradshaw & Hinson, P.A., Charlotte, North Carolina, for Appellants. Eric D. Welsh, Parker, Poe, Adams & Bernstein, L.L.P., Charlotte, North Carolina, for Appellee. ON BRIEF: B. Chad Ewing, Robinson, Bradshaw & Hinson, P.A., Charlotte, North Carolina, for Appellants. Stacy K. Wood, Kristin R. Poolos, Parker, Poe, Adams & Bernstein, L.L.P., Charlotte, North Carolina, for Appellee.

Before WILLIAMS, Chief Judge, and MOTZ and SHEDD, Circuit Judges.

Affirmed in part and reversed in part by published opinion. Chief Judge WILLIAMS wrote the opinion, in which Judge MOTZ and Judge SHEDD joined.

OPINION

WILLIAMS, Chief Judge:

Appellants Wilmington Shipping Company ("WSC") and Peter Brown Ruffin, Jr. appeal from the district court's grant of summary judgment to New England Life Insurance Company ("NEL") on Ruffin's claim for breach of fiduciary duty under § 502(a)(2) of the Employee Retirement...

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