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ENNEKING v. SCHMIDT BUILDERS SUPPLY INC.

Case No. 11-cv-4111-JAR-KGG.

875 F.Supp.2d 1274 (2012)

Joseph ENNEKING, on behalf of himself and all others similarly situated, Plaintiffs, v. SCHMIDT BUILDERS SUPPLY INC., Mary S. Duncan, John W. Duncan, Timothy Schmidt, and SS & C Solutions Inc. f/k/a SS & C Business & Tax Services, Inc., Defendants.

United States District Court, D. Kansas.

June 19, 2012.

Attorney(s) appearing for the Case

Jay F. Fowler , Foulston Siefkin LLP, Wichita, KS, James P. Rankin, Sr. , Jeremy L. Graber , Foulston Siefkin LLP, Ronald P. Pope , Ralston, Pope & Diehl LLC, Topeka, KS, for Plaintiffs.

Shelley A. Runion , Lyndsey J. Conrad , Husch Blackwell LLP, Brian S. Franciskato , Dean E. Nash , Nash & Franciskato Law Firm, George D. Halper , Gregory S. Davey , Lawrence D. Greenbaum , McAnany, Van Cleave & Phillips, P.A., Kansas City, MO, for Defendants.

MEMORANDUM AND ORDER

JULIE A. ROBINSON, District Judge.

Plaintiffs filed suit against defendants under the Employee Retirement Income Security Act of 1974 ("ERISA") for breaches of fiduciary duties (including failure to disclose, concealment, failure to conduct prudent and independent investigation to determine the fair market value of stock, failure to act for exclusive benefit, and prudence), federal common law ERISA fraud, nonfiduciary party in...

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