HURSH v. DST SYSTEMS, INC.

Nos. 21-3554.

54 F.4th 561 (2022)

Theresa HURSH, Plaintiff-Appellee v. DST SYSTEMS, INC., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 28, 2022.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Lewis R. Clayton , of New York, NY. The following attorneys also appeared on the appellant brief; Robert T. Adams , of Kansas City, MO., Kannon K. Shanmugam , of Washington, DC., Megan M. Egli , of Kansas City, MO., Jeffrey J. Recher , of New York, NY., and Nina Mikhaylovna Kovalenko , of New York, NY.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Andrew J. Schermerhorn , of Kansas City, MO. The following attorneys also appeared on the appellee brief; Kenneth Blair McClain , of Independence, MO., Gene P. Graham, Jr. , of Independence, MO., John Michael Klamann , of Kansas City, MO., George Kapke, Jr. , of Lee's Summit, MO., Bryan T. White , of Independence, MO., Jonathan Mesle Soper , of Independence, MO., William L. Carr , of Independence, MO., Michael J. Fleming , of Lee's Summit, MO., Chelsea McClain Pearce , of Independence, MO.

Before LOKEN, ARNOLD, and KELLY, Circuit Judges.


Plaintiffs in these 177 consolidated appeals1 were participants in a 401(k) Profit Sharing Plan (the "Plan") provided to employees by DST Systems, Inc. ("DST"), a financial and healthcare services company based in Kansas City, Missouri. See 29 U.S.C. § 1322. At the time...

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