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BRISCOE v. PREFERRED HEALTH PLAN, INC.

No. 08-6480.

578 F.3d 481 (2009)

William BRISCOE, et al., Plaintiffs-Appellants, v. PREFERRED HEALTH PLAN, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 25, 2009.

Attorney(s) appearing for the Case

ARGUED: David L. Leightty, Smith, Greenberg & Leightty, PLLC, Louisville, Kentucky, for Appellants. William D. Roberts, Hall, Render, Killian, Heath, & Lyman, P.S.C., Louisville, Kentucky, for Appellee. ON BRIEF: David L. Leightty, Smith, Greenberg & Leightty, PLLC, Louisville, Kentucky, for Appellants. William D. Roberts, A. Courtney Guild, Jr., Hall, Render, Killian, Heath, & Lyman, Louisville, Kentucky, for Appellee.

Before: CLAY, COOK, and KETHLEDGE, Circuit Judges.

OPINION

CLAY, Circuit Judge.

Plaintiffs William Briscoe, Laura Farley, Harold Smith, Lawrence Smith and Michael R. Straka are former employees of the defunct clothing manufacturer M. Fine & Sons Manufacturing Co., Inc. ("M. Fine"). Plaintiffs brought suit pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., against Defendants Preferred Health Plan, Inc. ("PHP") and several former M. Fine directors...

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