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LANFEAR v. HOME DEPOT, INC.

No. 07-14362.

536 F.3d 1217 (2008)

Raymond A. LANFEAR, Terry Clark, Randall W. Clark, Plaintiffs-Appellants, v. HOME DEPOT, INC., Robert L. Nardelli, John I. Clendenin, Milledge A. Hart, III, Kenneth G. Langone, et al., Defendants-Appellees, Larry M. Mercer, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

July 31, 2008.

Attorney(s) appearing for the Case

Jeffrey M. Norton, Harwood Feffer, LLP, New York City, Geoffrey M. Johnson, Chagrin Falls, OH, Lisa T. Millican, Greenfield Millican, P.C., Atlanta, GA, David R. Scott, Scott & Scott, Amanda F. Lawrence, Colchester, CT, Thomas J. McKenna, Gainey & McKenna, New York City, for Plaintiffs-Appellants.

Darren A. Shuler, David Tetrick, Jr., Joseph P. Rockers, Michael R. Smith, King & Spalding, Atlanta, GA, for Defendants-Appellees.

Before EDMONDSON, Chief Judge, PRYOR, Circuit Judge, and JOHNSON, District Judge.

PRYOR, Circuit Judge:

This appeal presents an issue of first impression in this circuit: whether a complaint for breach of fiduciary duty regarding the diminution of value of a defined contribution retirement plan states a claim for benefits under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461. The plaintiffs, former employees of The Home Depot, Inc., filed a complaint against Home Depot and its officials for breach of fiduciary...

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