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USENKO v. MEMC LLC

No. 18-1626.

926 F.3d 468 (2019)

Alexander Y. USENKO, Derivatively on Behalf of the SunEdison Semiconductor Ltd. Retirement Savings Plan, Plaintiff-Appellant v. MEMC LLC; The Investment Committee of the SunEdison Semiconductor Ltd. Retirement Savings Plan, Hemant Kapadia; Penny Cutrell; Steve Edens; Karen Steiner; Cheng Yang; Ben Llorico, Defendants-Appellees John Does 1-10, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: June 4, 2019.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Thomas James McKenna , of New York, NY. The following attorney(s) also appeared on the appellant brief; Don R. Lolli , of Kansas City, MO., Gregory Michael Egleston , of New York, NY., Robert I. Harwood , of New York, NY., Daniella Quitt , of New York, NY.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Chris K. Meyer , of Chicago, IL. The following attorney(s) also appeared on the appellee brief; Glenn Eugene Davis , of Saint Louis, MO., Mark Bruce Blocker , of Chicago, IL., Charles Noah Insler , of Saint Louis, MO., Sarah A. Hemmendinger , of San Francisco, CA.

Before BENTON, MELLOY, and KELLY, Circuit Judges.

Alexander Usenko is a former employee of SunEdison Semiconductor, LLC (Semi). Semi was once a wholly owned subsidiary of SunEdison, Inc. Semi made a defined-contribution retirement savings plan available to its employees, including Usenko, that offered SunEdison stock as a retirement...

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