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MARTONE v. ROBB

No. 17-50702.

902 F.3d 519 (2018)

Thomas MARTONE, Plaintiff-Appellant, v. Walter E. ROBB, III; Roberta Lang; Glenda Jane Flanagan, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED September 4, 2018.

Attorney(s) appearing for the Case

Samuel Ethan Bonderoff, Esq. , Jacob H. Zamansky, Esq. , Zamansky, L.L.C., New York, NY, James Hampton Skelton , Attorney, Skelton & Woody, Austin, TX, for Plaintiff-Appellant.

Gregory John Casas, Esq. , Jesse Wadell Wainwright , Greenberg Traurig, L.L.P., Austin, TX, Jonathan L. Sulds , Greenberg Traurig, L.L.P., New York, NY, for Defendants-Appellees.

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

Thomas Martone, a former Whole Foods employee, brought an action against certain Whole Foods executives who are named fiduciaries for the company's 401(k) plan. Martone alleges that these executives breached their fiduciary duties by allowing employees to continue to invest in Whole Foods stock while its value...

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