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MASENGILL v. RYE

Civ. A. No. 88-394.

747 F.Supp. 362 (1990)

Carrie Jean MASENGILL, et al., Plaintiffs, v. William A. RYE, et al., Defendants.

United States District Court, E.D. Kentucky.

September 28, 1990.

Attorney(s) appearing for the Case

Dean W. Bucalos, Brown, Bucalos, Santana & Bratt, Lexington, Ky., for plaintiffs.

Ronald D. Bowling, Trimble & Henry, Lexington, Ky., for Various Rye defendants.

Bradford L. Cowgill, John M. Williams, Wyatt, Tarrant & Combs, Lexington, Ky., Thomas L. MacDonald, MacDonald & Walton, Flemingsburg, Ky., for defendant — Peoples Bank of Fleming County.

MEMORANDUM OPINION AND ORDER

FORESTER, District Judge.

This matter is before the Court upon the motion of defendant, Peoples Bank of Fleming County ["Peoples Bank" or the "Bank"], to dismiss. The plaintiffs have filed a response objecting to the motion to which Peoples Bank has filed a reply. The motion concerns application of the statute of limitations to actions for breach of fiduciary duty arising under provisions of the Employee Retirement Income Security...

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