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HENRY v. U.S. TRUST CO. OF CALIFORNIA, N.A.

Docket No. 07-0355-cv.

569 F.3d 96 (2009)

Joseph HENRY and Michael Malinky, Plaintiffs-Appellants, v. U.S. TRUST COMPANY OF CALIFORNIA, N.A., Defendant-Appellee, Champlain Enterprises, Inc., doing business as CommutAir, Anthony von Elbe, John Arthur Sullivan Jr., Ernest James Drollette, Andrew Price, William L. Owens, Champlain Air, Inc., Defendants.

United States Court of Appeals, Second Circuit.

Decided: June 19, 2009.

Attorney(s) appearing for the Case

Terence J. Devine (Stanley H. Shayne, Shayne Nichols, LLC, Columbus, OH; Gary D. Greenwald, Keller Rohrback, PLC, Phoenix, AZ, on the brief), DeGraff, Foy, Kunz & Devine, LLP, Albany, NY, for Plaintiffs-Appellants.

Edward A. Scallet (Lars C. Golumbic and Dipal A. Shah, Groom Law Group Chartered, Washington, D.C.; Robert N. Eccles, Jonathan D. Hacker, and Schan S. Duff, O'Melveny & Myers, LLP, Washington, D.C., on the brief), Groom Law Group Chartered, Washington, D.C., for Defendant-Appellee.

Before FEINBERG, WINTER, and POOLER, Circuit Judges.

WINTER, Circuit Judge:

Joseph Henry and Michael Malinky appeal from Judge Hurd's dismissal of their complaint after a remand from this court, Henry v. Champlain Enterprises, Inc., 445 F.3d 610 (2d Cir.2006) ("Henry III"). The complaint alleged violations of the Employee Retirement Income Security Act ("ERISA"). After the remand, the district court held that appellants suffered...

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