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McCAFFREE FINANCIAL CORP. v. PRINCIPAL LIFE INS.

No. 15-1007.

811 F.3d 998 (2016)

McCAFFREE FINANCIAL CORP., on behalf of a class of those similarly situated, on behalf of The McCaffree Financial Corp. Employee Retirement Program, Plaintiff-Appellant v. PRINCIPAL LIFE INSURANCE COMPANY, Defendant-Appellee Thomas E. Perez United States Secretary of Labor, Amicus on Behalf of Appellant(s). American Council of Life Insurers, Amicus on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: January 8, 2016.

Rehearing and Rehearing En Banc Denied February 17, 2016.

Attorney(s) appearing for the Case

Jason H. Kim , argued Emeryville, CA, ( Joseph R. Gunderson , Des Moines, IA, John M. Edgar , Kansas City, MO, Garrett W. Wotkyns , Scottsdale, AZ, on the brief), for Appellant.

Stephen Silverman , argued, Megan Doyle Hansen , on the brief, Washington, DC, for Amicus Thomas E. Perez.

Eric S. Mattson , argued Chicago, IL, ( Angel A. West , Des Moines , IA, Joel S. Feldman , Chicago, IL, Robert N. Hochman , Chicago, IL, on the brief), for Appellee.

Waldemar Jacob Pflepsen, Jr. , argued Washington, DC, ( Lisa Tate , Washington, DC, Michael A. Valerio , Hartford, CT, John C. Pitblado , Hartford, CT.), for Amicus American Council of Life Insurers.

Before RILEY, Chief Judge, BYE and GRUENDER, Circuit Judges.

McCaffree Financial Corp. ("McCaffree") sponsors for its employees a retirement plan governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461. McCaffree brought a class action lawsuit on behalf of those participating employees against Principal Financial Group ("Principal...

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