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EDGAR v. AVAYA, INC.

No. 06-2770.

503 F.3d 340 (2007)

Jane EDGAR, Appellant, v. AVAYA, INC.; Garry McGuire, Sr.; Donald K. Peterson; Joseph P. Landy; Richard F. Wallman; Bruce Lasko; and John Does 1-30.

United States Court of Appeals, Third Circuit.

Filed September 26, 2007.

Attorney(s) appearing for the Case

Mark C. Rifkin (Argued), Wolf, Haldenstein, Adler, Freeman & Herz LLP, New York, NY, Counsel for Appellant.

H. Douglas Hinson (Argued), Alston & Bird LLP, Atlanta, GA, Joseph A. Martin, Archer & Greiner, P.C., Haddonfield, NJ, Counsel for Appellees.

Before: SCIRICA, Chief Judge, FUENTES and ALARCÓN, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

In this lawsuit, Jane Edgar, a former employee of Avaya Inc., alleges that Avaya and several of its officers ("defendants") breached their fiduciary duties under § 404 of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1104, by offering participants in three employee pension benefit plans the option of investing in Avaya common stock. Edgar commenced the lawsuit after the price of...

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