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TIBLIER v. DLABAL

No. 13-50344.

743 F.3d 1004 (2014)

Eric TIBLIER, as Trustee of and on Behalf of the Dr. Eric Tiblier, P.A. Cash Balance Plan; Susanne Tetzlaff, as Trustee of and on Behalf of the Dr. Eric Tiblier, P.A. 401(K) Profit Sharing Plan, Plaintiffs-Appellants, v. Paul DLABAL; Cach Capital Management, L.L.C., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 28, 2014.

Attorney(s) appearing for the Case

Maryann E. Norwood , Moster Wynne & Ressler, P.C. Melanie Jo Cogburn , Haddad Legal Group, Austin, TX, for Plaintiffs-Appellants.

Richard Douglas Yeomans , Boyce C. Cabaniss, Esq , Graves, Dougherty, Hearon & Moody, P.C. Austin, TX, for Defendants-Appellees.

Leonard Howard Gerson, Esq , U.S. Department of Labor, Washington D.C. for Amicus Curiae.

Before JONES, ELROD, and HAYNES, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

This case arises out of two investments made by the pension plans of a small cardiology practice in the bonds of an oil and gas company. After the oil and gas company stopped making interest payments on the bonds, Plaintiffs filed suit alleging violations of the Employee Retirement Income Security Act (ERISA). The district court granted summary judgment in favor of investment advisor Paul Dlabal. Plaintiffs appealed. We hold that...

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