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SOMMERS DRUG STORES CO. EMP. P. SHARING TRUST v. CORRIGAN

No. 88-1494.

883 F.2d 345 (1989)

The SOMMERS DRUG STORES COMPANY EMPLOYEE PROFIT SHARING TRUST, Plaintiff-Appellant Cross-Appellee, v. Walter N. CORRIGAN and Corrigan Enterprises, Inc., Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

August 31, 1989.

Attorney(s) appearing for the Case

Charles R. Shaddox, Charles B. Gorham, Shaddox, Compere, Gorham & Good, San Antonio, Tex., E. Anne McKinsey, Colleen O. Nelson, Minneapolis, Minn., for plaintiff-appellant cross-appellee.

Shannon H. Ratliff, S. Jack Balagia, Jr., Marc O. Knisely, McGinnis, Lochridge & Kilgore, Austin, Tex., for defendants-appellees cross-appellants.

Before JOLLY, HIGGINBOTHAM and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

A class of participants and beneficiaries of Sommers Drug Stores Company Employee Profit Sharing Trust sued Walter N. Corrigan and Corrigan Enterprises, Inc., for breach of their fiduciary duty under ERISA and under state common law. The trial court dismissed the state law claim on grounds that it was preempted by ERISA, and the case proceeded to trial on the ERISA claims. The court entered judgment for the class following a...

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