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BRADEN v. WAL-MART STORES, INC.

No. 08-3798.

588 F.3d 585 (2009)

Jeremy BRADEN, Appellant, v. WAL-MART STORES, INC.; Stanley Gault; Betsy Sanders; Don Soderquist; Jose Villareal; Stephen R. Hunter; Debbie Davie Campbell, Appellees. Secretary of Labor, Amicus on Behalf of Appellant, ERISA Industry Committee; Chamber of Commerce; American Benefits Council, Amici on Behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 25, 2009.

Attorney(s) appearing for the Case

Derek W. Loeser, argued, Seattle, WA, Lynn Lincoln Sarko, Michael Woerner, Gretchen Freeman Cappio, Gretchen S. Obrist, Benjamin Gould, Seattle, WA; Gregory W. Aleshire, and William R. Robb, Springfield, MO, on the brief, for appellant.

Robin Springberg Parry, argued, Washington, DC, on Behalf Amicus, Secretary of Labor.

Paul J. Ondrasik, Jr., argued, Washington, DC, William C. Martucci, Kristen A. Page, Kansas City, MO, Morgan D. Godgson, Eric G. Serron, Washington, DC, on the brief, for appellees.

Janet M. Jacobson, Robin S. Conrad, Shane B. Kawka, John M. Vine, Thomas L. Cubbage, III, Washington, DC, for Amici on Behalf of appellees.

Before MURPHY, BRIGHT, and RILEY, Circuit Judges.

MURPHY, Circuit Judge.

Jeremy Braden, an employee of Wal-Mart and participant in its employee retirement plan (Plan), brought this putative class action against appellees — Wal-Mart and various executives involved in the management of the Plan. Braden alleges that they violated fiduciary duties imposed by the Employee Retirement Income Security Act (ERISA). Appellees moved for dismissal under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The district...

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