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McDOWELL v. PRICE

No. 12-3716.

731 F.3d 775 (2013)

Kennith McDOWELL; Robert Maulding; Luther Stripling; Rudy Kyle; Fred Dollar; James Joslin; James Milner; Daniel Stripling; Janet Stripling; David Ellis; Joe Ellis, Plaintiffs-Appellants v. Elbert PRICE, individually and as Trustee for Bud Price's Excavating Service, Inc. Profit Sharing Plan, Bud Price's Excavating Service Inc. Retirement Plan, Price's Utility Contractors, Inc. Retirement Plan and for six unnamed plans; Mary Ruth Price, individually and as Trustee for Bud Price's Excavating Service, Inc. Profit Sharing Plan, Bud Price's Excavating Service Inc. Retirement Plan, Price's Utility Contractors, Inc. Retirement Plan and for six unnamed plans (Plans A-F); Bud Price's Excavating Service Inc. Profit-Sharing Plan; Price's Utility Contractors Inc. Retirement Plan; Price's Utility Contractors Inc., as plan administrator for Price's Utility Contractors, Inc. Retirement Plan; Bud Price's Excavating Service Inc., as plan Administrator of Bud Price's Excavating Service Inc. Profit-Sharing Plan; Bud Price's Excavating Service Inc. Retirement Plan; six unnamed plans (Plans A-F), Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 24, 2013.

Attorney(s) appearing for the Case

Diana McWilliams Maulding , argued, Little Rock, AR, for Plaintiffs-Appellants.

Stan Rauls , argued, Little Rock, AR, for Defendants-Appellees.

Before WOLLMAN, BEAM, and MURPHY, Circuit Judges.

WOLLMAN, Circuit Judge.

This should have been a straightforward case. There was no dispute that the plaintiffs were entitled to benefits from the retirement plans administered by the defendant companies. There was no dispute that the defendants failed to provide the notice required under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. The dispute in this case should have been over the amount of benefits and penalties...

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