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SCHWEITZER v. INVESTMENT COMMITTEE OF PHILLIPS 66

No. 18-20379.

960 F.3d 190 (2020)

Jeffery SCHWEITZER; Jonathan Sapp; Raul Ramos; Donald Fowler, Plaintiffs-Appellants v. The INVESTMENT COMMITTEE OF the PHILLIPS 66 SAVINGS PLAN; Sam Farace; John Does 1-10, Inclusive, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED May 22, 2020.

Attorney(s) appearing for the Case

Mark P. Kindall , Izard, Kindall & Raabe, L.L.P., West Hartford, CT, Gregory Y. Porter, Esq. , Attorney, Bailey & Glasser, L.L.P., Washington, DC, Thomas R. Ajamie , John Saul Edwards, Jr., Esq. , Ajamie, L.L.P., Houston, TX, for Plaintiffs-Appellants.

Travis James Sales , Tina Quy Phi Nguyen , Aaron Michael Streett , Baker Botts, L.L.P., Houston, TX, for Defendants-Appellees.

Before HIGGINBOTHAM, SMITH, and HIGGINSON, Circuit Judges.

Four participants in Phillips 66's retirement plan bring this putative class action against the plan's Investment Committee for breach of fiduciary duties under the Employee Retirement Income Security Act. They allege that the Defendants failed to monitor properly and divest ConocoPhillips stock from the retirement...

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