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NUTT v. KEES

No. 14-3364.

796 F.3d 988 (2015)

Kevin NUTT; Lisa Nutt, Plaintiffs-Appellees v. Stafford KEES; Carroll County Nursing & Rehab Center, Inc, an Arkansas Corporation; Osceola Nursing Home LLP, an Arkansas Limited Liability Partnership, Defendants Osceola Therapy & Living Center, Inc., an Arkansas Corporation, Defendant-Appellant Osceola Healthcare PLLC, an Arkansas Professional Limited Liability Company; HOPE Healthcare LLC, an Arkansas Limited Liability Company, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: August 12, 2015.

Attorney(s) appearing for the Case

Kenneth P. Castleberry , argued, Tom Thompson , on the brief, Batesville, AR, for appellant.

Alan Grady Crone , argued, Laura Ann Elizabeth Bailey , on the brief, Memphis, TN, for appellee.

Before GRUENDER, MELLOY, and BENTON, Circuit Judges.

Kevin and Lisa Nutt successfully sued their former employers under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., for two claims: delinquent contributions and breach of the fiduciary duty of care. The district court found that the Nutts' former employers could not provide adequate...

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