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HERMAN v. NATIONSBANK TRUST CO. (GEORGIA)

No. 95-8934.

126 F.3d 1354 (1997)

Alexis M. HERMAN, Secretary of the United States Department of Labor, Plaintiff-Appellee, v. NATIONSBANK TRUST COMPANY (Georgia), National Association, a National Banking Association, Defendant, Sovran Capital Management Corporation, a Virginia Corporation; NationsBank of Georgia, N.A., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 5, 1997.

Attorney(s) appearing for the Case

Philip C. Cook, Ronald L. Reid, H. Douglas Hinson, David A. Benoit, Alston & Bird, Atlanta, GA, for Defendants-Appellants.

James L. Craig, Jr., Trial Attorney, U.S. Dept. of Labor, Office of the Solicitor, Plan Benefits Security Div., Washington, DC, for Plaintiff-Appellee.

Robert J. Stokes, Dallas, TX, for amicus Polaroid.

Before COX and CARNES, Circuit Judges, and FAY, Senior Circuit Judge.

CARNES, Circuit Judge:

NationsBank of Georgia, N.A. ("NationsBank") is the trustee of an employee stock ownership plan ("ESOP") governed by the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1000-1461 ("ERISA" or "the Act").1 The Secretary of the Department of Labor brought this lawsuit against NationsBank, claiming it had violated ERISA by failing to exercise...

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