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LANFEAR v. HOME DEPOT, INC.

No. 10-13002.

679 F.3d 1267 (2012)

Raymond A. LANFEAR, Randall W. Clark, Antonio Fierros, Plaintiffs-Appellants, Terry Clark, et al., Plaintiffs, v. HOME DEPOT, INC., Robert L. Nardelli, John I. Clendenin, Milledge A. Hart, III, Kenneth G. Langone, et al., Defendants-Appellees, Larry M. Mercer, et al., Defendant.

United States Court of Appeals, Eleventh Circuit.

May 8, 2012.

Attorney(s) appearing for the Case

Jeffrey M. Norton , Newman Ferrara LLP, Michael J. Klein , Edwin J. Mills , Stull, Stull & Brody, Thomas J. McKenna , Gainey & McKenna, New York, NY, Lisa T. Millican , Greenfield Millican, PC, Atlanta, GA, Gerald L. Rutledge , Alfred G. Yates, Jr. , Office of Alfred G. Yates, Jr., Pittsburgh, PA, for plaintiffs-appellants.

Michael B. Wakefield , Darren A. Shuler , Michael R. Smith , David Tetrick, Jr. , King & Spalding LLP, James Timothy Mast , John J. Dalton , Jaime Theriot , Troutman Sanders, LLP, Atlanta, GA, Joseph P. Rockers , Goodwin Procter, LLP, Boston, MA, for defendants-appellees.

Thomas Tso , U.S. Department of Labor, Washington, DC, for amicus curiae.

Before TJOFLAT, CARNES, and ANDERSON, Circuit Judges.

CARNES, Circuit Judge:

People build many things over the course of their lives. Throughout the time allotted them, they build houses and homes, character and careers, relationships and reputations. And if they're wise like Aesop's ant, during the summer and autumn of their lives they store up something for the winter.1 Although the ant in the fable did well enough without its savings plan being protected by ERISA, the plaintiffs in this...

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