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LEIMKUEHLER v. AMERICAN UNITED LIFE INS. CO.

Nos. 12-1081, 12-1213, 12-2536.

713 F.3d 905 (2013)

Robert LEIMKUEHLER, as trustee of and on behalf of the Leimkuehler, Inc. Profit Sharing Plan, and on behalf of all others similarly situated, Plaintiff-Appellant/Cross-Appellee, v. AMERICAN UNITED LIFE INSURANCE CO., Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 16, 2013.

Attorney(s) appearing for the Case

Klint Bruno , Attorney, Korein Tillery, Chicago, IL, Kathleen A. DeLaney , Attorney, DeLaney & DeLaney, Indianapolis, IN, Eric Hyman Zagrans (argued), Attorney Zagrans Law Firm, LLC, Cleveland, OH, for Plaintiff-Appellant/Cross-Appellee.

Joel S. Feldman , Attorney, Eric S. Mattson (argued), Attorney, Sarah H. Newman , Attorney, Sidley Austin, LLP, Chicago, IL, Bart Andrew Karwath , Attorney, Barnes & Thornburg, LLP, Indianapolis, IN, for Defendant-Appellee/Cross-Appellant.

Before KANNE, WOOD, and SYKES, Circuit Judges.

WOOD, Circuit Judge.

This case presents a challenge to the practice known in the 401(k) services industry as "revenue sharing" — an arrangement allowing mutual funds to share a portion of the fees that they collect from investors with entities that provide services to the mutual funds, the investors, or both. Although the practice has been commonplace for years, until quite recently it was opaque to both individual...

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