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PLASTERERS' LOCAL UNION NO. 96 v. PEPPER

No. 10-1364.

663 F.3d 210 (2011)

PLASTERERS' LOCAL UNION NO. 96 PENSION PLAN; Cherie Pleasant, Trustee on behalf of the Plasterers' Local Union No. 96 Pension Plan; James Miller, Trustee on behalf of the Plasterers' Local Union No. 96 Pension Plan, Plaintiffs-Appellees, v. Edgar PEPPER; James S. Lertora, Defendants-Appellants, and Harold Perry, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: December 1, 2011.

Attorney(s) appearing for the Case

ARGUED: John Carney Hayes, Jr. , Nixon Peabody, LLP, Washington, D.C., for Appellants. Jonathan Rose , Alston & Bird, LLP, Washington, D.C., for Appellees. ON BRIEF: Richard S. Siegel , Sheppard Mullin Richter & Hampton LLP, Washington, D.C., for Appellees.

Vacated and remanded by published opinion. Judge AGEE wrote the opinion, in which Judge DUNCAN and Senior Judge KEITH concurred.

OPINION

AGEE, Circuit Judge:

Edgar Pepper and James Lertora (collectively "the Former Trustees"), former trustees of the Plasterers' Local Union No. 96 Pension Plan ("the Plan"), appeal from the judgment of the United States District Court for the District of Maryland in favor of the current trustees of the Plan ("the Current Trustees"). The district court's judgment was based on its finding that the Former Trustees breached their fiduciary duties under...

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