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PFEIL v. STATE STREET BANK AND TRUST CO.

No. 10-2302.

671 F.3d 585 (2012)

Raymond M. PFEIL and Michael Kammer, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. STATE STREET BANK AND TRUST COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 22, 2012.

Rehearing and Rehearing En Banc Denied March 28, 2012.

Attorney(s) appearing for the Case

ARGUED: Geoffrey M. Johnson , Scott & Scott, LLP, Cleveland Heights, Ohio, for Appellants. Wilber H. Boies , McDermott Will & Emery LLP, Chicago, Illinois, for Appellee. ON BRIEF: Geoffrey M. Johnson , Scott & Scott, LLP, Cleveland Heights, Ohio, for Appellants. Wilber H. Boies , Nancy G. Ross , McDermott Will & Emery LLP, Chicago, Illinois, Chris C. Scheithauer , McDermott Will & Emery LLP, Irvine, California, James D. VandeWyngearde , Pepper Hamilton LLP, Southfield, Michigan, for Appellee. Elizabeth S. Goldberg , United States Department of Labor, Washington, D.C., Kent A. Mason , Davis & Harman LLP, Washington, D.C., for Amici Curiae.

Before: MARTIN and GRIFFIN, Circuit Judges; ANDERSON, District Judge.

OPINION

S. THOMAS ANDERSON, District Judge.

Raymond M. Pfeil and Michael Kammer, individually and on behalf of others similarly situated, allege that State Street Bank and Trust breached its fiduciary duty under the Employee Retirement Income Security Act ("ERISA"). State Street was the fiduciary for the two primary retirement plans offered by General Motors, and the plaintiffs were plan participants. The plaintiffs allege that State Street breached its...

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