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HITCHCOCK v. CUMBERLAND UNIVERSITY 403(B) DC PLAN

No. 16-5942.

851 F.3d 552 (2017)

Eloise HITCHCOCK; Sheryl Kae, Plaintiffs-Appellants, v. CUMBERLAND UNIVERSITY 403(B) DC PLAN; Cumberland University; John Does 1-10, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 14, 2017.

Attorney(s) appearing for the Case

ARGUED: Blair L. Byrum, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Amicus Curiae. Karla M. Campbell, BRANSTETTER, STRANCH & JENNINGS, PLLC, Nashville, Tennessee, for Appellants. Daniel W. Olivas, LEWIS, THOMASON, KING, KRIEG & WALDROP, P.C., Nashville, Tennessee, for Appellees. ON BRIEF: Blair L. Byrum, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Amicus Curiae. Karla M. Campbell, BRANSTETTER, STRANCH & JENNINGS, PLLC, Nashville, Tennessee, for Appellants. Charles W. Cagle, Laura H. Alrutz, Brian S. Faughnan, LEWIS, THOMASON, KING, KRIEG & WALDROP, P.C., Nashville, Tennessee, for Appellees.

Before: MERRITT, CLAY, and DONALD, Circuit Judges.

OPINION

Eloise Hitchcock ("Hitchcock") and Sheryl Kae ("Kae") (collectively, "Plaintiffs") appeal from the order entered by the district court granting the motion of the Cumberland University 403(b) DC Plan (the "Plan") and Cumberland University (the "University") (collectively, "Defendants") to dismiss without prejudice...

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