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HERMAN v. MEISELMAN

No. 07-2753.

541 F.3d 59 (2008)

Rosalind HERMAN, Individually and as Trustee of Financial Resources Network, Inc. 401(k) Profit Sharing Plan; Gregg D. Caplitz; Financial Resources Network, Inc., Plaintiffs, Appellants, v. Rudy K. MEISELMAN, Individually and as Trustee of the Rudy K. Meiselman Revocable Trust; Hope E. Meiselman, Individually and as Trustee of the Laura Jane Meiselman Trust, Paula Sue Meiselman Trust and Trust of Laura, Janet and Paula Meiselman; Laura Patterson; Janet Meiselman, Individually and as General Partner of Meiselman Life Insurance Limited Partnership; Paula Sue Meiselman, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 10, 2008.

Attorney(s) appearing for the Case

Robert D. Cohan, with whom Cohan Rasnick Myerson LLP was on brief, for appellants.

Charles P. Kazarian, P.C., with whom Law Office of Charles P. Kazarian was on brief, for appellees.

Before TORRUELLA, LIPEZ and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

Appellants Rosalind Herman, Gregg Caplitz and Financial Resources Network, Inc. ("FRNI") filed suit in Massachusetts state court against appellees Rudy K. Meiselman and various members of his family. The suit stemmed from Meiselman's employment with FRNI and his participation in a profit-sharing plan under the Employee Retirement Income Security Act of 1974 ("ERISA"). Meiselman removed the matter to federal court and moved to dismiss on the...

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