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DUDENHOEFER v. FIFTH THIRD BANCORP

No. 11-3012.

692 F.3d 410 (2012)

John DUDENHOEFER, on behalf of himself and all others similarly situated; Alireza Partovipanah, Plaintiffs-Appellants, v. FIFTH THIRD BANCORP; Kevin T. Kabat; Paul L. Reynolds; The Pension and Profit Sharing Committee; Nancy Phillips; Greg Carmichael; Robert Sullivan; Mary Tuuk; John Does 1-20, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 5, 2012.

Attorney(s) appearing for the Case

ARGUED: Peter H. LeVan, Jr. , Kessler Topaz Meltzer & Check, LLP, Radnor, Pennsylvania, for Appellants. Joseph M. Callow, Jr. , Keating, Muething & Klekamp PLL, Cincinnati, Ohio, for Appellees. Melissa Moore , United States Department of Labor, Washington, D.C., for Amicus Curiae. ON BRIEF: Edward W. Ciolko , Mark K. Gyandoh , Kessler Topaz Meltzer & Check, LLP, Radnor, Pennsylvania, Thomas J. McKenna , Gainey & McKenna, New York, New York, for Appellants. Joseph M. Callow, Jr. , James E. Burke , Danielle M. D'Addesa , David T. Bules , Keating, Muething & Klekamp PLL, Cincinnati, Ohio, for Appellees. Melissa Moore , United States Department of Labor, Washington, D.C., Jay E. Sushelsky , AARP Foundation, Washington, D.C., for Amici Curiae.

Before: COOK and STRANCH, Circuit Judges; LAWSON, District Judge.

OPINION

JANE B. STRANCH, Circuit Judge.

Plaintiffs John Dudenhoefer and Alireza Partovipanah, participants in and contributors to their employer's retirement plan, filed suit against Fifth Third and several individual Defendants on behalf of themselves and a class of similarly situated individuals alleging violations of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. Plaintiffs alleged that plan fiduciaries continued...

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