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OBESLO v. GREAT-WEST LIFE & ANNUITY INS. CO.

No. 20-1310.

6 F.4th 1135 (2021)

Joan OBESLO; Anne Hall; Tina Gorrell-Deyerle, on behalf of Great-West Funds, Inc., Plaintiffs-Appellants, and Duplass, Zwain, Bourgeois, Pfister & Weinstock APLC 401 (K) Plan, Plaintiff, v. GREAT-WEST LIFE & ANNUITY INSURANCE CO; Great-West Capital Management, LLC, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Filed July 26, 2021.

Attorney(s) appearing for the Case

Michael A. Wolff ( Jerome J. Schlichter with him on the briefs), Schlichter Bogard & Denton LLP, St. Louis, Missouri, for Plaintiffs-Appellants.

Sean M. Murphy , Milbank LLP, New York, New York ( Robert J. Liubicic , Milbank LLP, Los Angeles, California, Edward C. Stewart , Wheeler Trigg O'Donnell LLP, Denver, Colorado, Robert Michael Little , Great-West Life & Annuity Insurance Co., Greenwood Village, Colorado, with him on the briefs), for Defendants-Appellees.

Before TYMKOVICH, Chief Judge, HOLMES, and McHUGH, Circuit Judges.

This is an appeal from a consolidated shareholder derivative action arising under § 36(b) of the Investment Company Act of 1940 ("ICA"). Plaintiff-Appellants ("Plaintiffs") are shareholders in a major mutual fund complex through their employer-sponsored retirement plans. They allege the complex's investment adviser, Great...

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