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GUENTHER v. LOCKHEED MARTIN CORP.

Nos. 17-16984, 18-15823.

972 F.3d 1043 (2020)

Charles GUENTHER, Plaintiff-Appellant, v. LOCKHEED MARTIN CORPORATION; Lockheed Martin Corporation Retirement Plan for Certain Salaried Employees, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated June 13, 2019.

Resubmitted August 18, 2020 San Francisco, California.

Filed August 25, 2020.

Attorney(s) appearing for the Case

Andrew F. Pierce (argued), Pierce & Shearer LLP, Redwood City, California, for Plaintiff-Appellant.

Clarissa A. Kang (argued), R. Bradford Huss , and Dylan D. Rudolph , Trucker Huss APC, San Francisco, California, for Defendants-Appellees.

Stephanie B. Bitto (argued), Trial Attorney; Thomas Tso , Counsel for Appellate and Special Litigation; G. William Scott , Associate Solicitor for Plan Benefits Security; Kate S. O'Scannlain , Solicitor of Labor; Office of the Solicitor, United States Department of Labor, Washington, D.C.; for Amicus Curiae United States Secretary of Labor.

Before: Ronald M. Gould, Sandra S. Ikuta, and Ryan D. Nelson, Circuit Judges.

OPINION

This appeal arises from a fiduciary's alleged breach of its duty to make accurate representations to a beneficiary under the Employee Retirement Income Security Act of 1974 ("ERISA"). Specifically, we determine whether the beneficiary had actual knowledge of the alleged breach and failed to bring suit...

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