Ronald C. TUSSEY; Charles E. Fisher; Timothy Pinnell, Plaintiffs-Appellants.
v.
ABB, INC.; John W. Cutler, Jr.; Pension Review Committee of ABB, Inc.; Pension & Thrift Management Group of ABB, Inc.; Employee Benefits Committee of ABB, Inc., Defendants-Appellees.
Fidelity Management Trust Company; Fidelity Management & Research Company, Defendants.
American Association of Retired Persons, Amicus on Behalf of Appellants.
Securities Industry and Financial Markets Association, Amicus on Behalf of Appellees.
Ronald C. Tussey; Charles E. Fisher; Timothy Pinnell, Plaintiffs-Appellees,
v.
ABB, Inc.; John W. Cutler, Jr.; Pension Review Committee of ABB, Inc.; Pension & Thrift Management Group of ABB, Inc.; Employee Benefits Committee of ABB, Inc., Defendants-Appellants
Fidelity Management Trust Company; Fidelity Management & Research Company, Defendants.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Counsel who appeared on the brief for Amicus Curiae, AARP, in support of the appellants, (15-2792 only) was Mary Ellen Signorille , AARP Foundation Litigation, Washington, DC.
Counsel who presented argument on behalf of the appellees, ABB, John W. Cutler, Jr. , Pension Review Committee of ABB, Inc., Pension & Thrift Management Group of ABB, Inc. and Employee Benefits Committee of ABB, Inc., was Jeffrey Scott Russell , of Saint Louis, MO. The following attorneys also appeared on the appellee brief; Thomas E. Wack and Elizabeth C. Carver , both of Saint Louis, MO.
Counsel who appeared on the brief for Amicus Curiae, Securities Industry and Financial Markets Association (SIFMA), in support of the appellees, (15-2792 only) were Alisha Q. Nanda and James R. Carroll , of Boston, MA., and Ira D. Hammerman and Kevin Carroll , of Washington, DC.
Before RILEY, Chief Judge, MURPHY and SMITH, Circuit Judges.
RILEY, Chief Judge.
A class of employees who participated in ABB, Inc.'s retirement plans — "401(k) defined contribution savings plans," to be precise, see generally 26 U.S.C. § 401(k) — accuse ABB and its agents (collectively, the ABB fiduciaries) of managing the plans for their own benefit, rather than...
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