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DIFELICE v. U.S. AIRWAYS, INC.

No. 1:04CV889.

397 F.Supp.2d 735 (2005)

Vincent D. DIFELICE, on behalf of himself and all others similarly situated, Plaintiff, v. US AIRWAYS, INC., et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

September 27, 2005.

Attorney(s) appearing for the Case

Stephen Ray Pickard, Alexandria, VA, for Plaintiff.

Christine Bannon Cox, Karen Ellen Gray, Morgan Lewis & Bockius LLP, Washington, DC, Craig Crandall Reilly, Richard McGettigan Reilly & West, Alexandria, VA, Howard Shapiro, Robert W. Rachal, Charles F. Seemann III, Proskauer Rose LLP, New Orleans, LA, for Defendants.

MEMORANDUM OPINION

ELLIS, District Judge.

At issue at the threshold dismissal stage in this breach-of-fiduciary-duty action brought pursuant to § 502(a)(2) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(2), is the nature of a directed trustee's duties to the participants in a 401(k) retirement plan. More specifically, the question presented is whether...

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