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MIRA v. NUCLEAR MEASUREMENTS CORP.

No. 95-2122.

107 F.3d 466 (1997)

Diana MIRA, Delores G. Mira and James O. Mira, individually and on behalf of all those similarly situated, Plaintiffs-Appellants, v. NUCLEAR MEASUREMENTS CORPORATION, Larry Vaughn, Donald L. DeMoss, Joyce M. Kramer, and other asyet-unknown individuals, plan administrators, trustees and fiduciaries, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 14, 1997.

Attorney(s) appearing for the Case

A. Luis Ortiz, Richard Loiseau (argued), Indianapolis, IN, for Diana Mira.

Richard Loiseau, Indianapolis, IN, for Delores G. Mira, James O. Mira.

Daniel C. Emerson, Scott A. Weathers (argued), David C. Milne, Bose, McKinney & Evans, Indianapolis, IN, for Nuclear Measurements Corporation, Larry Vaughn, Donald L. DeMoss, Joyce M. Kramer.

Before COFFEY, MANION and KANNE, Circuit Judges.

COFFEY, Circuit Judge.

Diana Mira and her children, James and Delores, brought suit against Nuclear Measurements Corporation ("NMC") and three of its officers, seeking to recover damages for the defendants' alleged breach of fiduciary duties as the administrators of an employee benefit plan governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq. ("ERISA"). The plaintiffs also asserted a claim under the Racketeer...

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