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RETIREMENT COMMITTEE OF DAK AMERICAS LLC v. BREWER

Nos. 16-1574, 16-1575.

867 F.3d 471 (2017)

RETIREMENT COMMITTEE OF DAK AMERICAS LLC, as Plan Administrator of the DAK Americas LLC Pension Plan; Transamerica Retirement Solutions Corporation, Plaintiffs-Appellees, v. Mark Stephen BREWER; Warren Albert Garrison; James F Holland; Sidney Hugh Rhodes, Defendants-Appellants, and Mendell W. Smith; Otella Irene Webb; Jerome Bryant; Joseph Alexander Bellamy; Kelvin L. Galloway; David W. Allen; Michael Lynn Bass; Harold E. Corbett; William Lacey Nelson; Jimmie Ray Sellers; Rodney B. Smith, Defendants. Retirement Committee of DAK Americas LLC, as Plan Administrator of the DAK Americas LLC Pension Plan; Transamerica Retirement Solutions Corporation, Plaintiffs-Appellees, v. Rodney B. Smith, Defendant-Appellant, and Mark Stephen Brewer; Warren Albert Garrison; Harold E. Corbett; James F. Holland; William Lacey Nelson; Sidney Hugh Rhodes; Jimmie Ray Sellers; Mendell W. Smith; Otella Irene Webb; Jerome Bryant; Joseph Alexander Bellamy; Kelvin L. Galloway; David W. Allen; Michael Lynn Bass, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: August 14, 2017.

Attorney(s) appearing for the Case

ARGUED: Thomas S. Babel , WARD & SMITH, PA, Wilmington, North Carolina; William Cory Reiss , SHIPMAN & WRIGHT, LLP, Wilmington, North Carolina, for Appellants. William J. Delany , MORGAN, LEWIS & BOCKIUS, LLP, Washington, D.C., for Appellees. ON BRIEF: Jeremy M. Wilson , Wilmington, North Carolina, Michael L. Miller , WARD & SMITH, PA, Raleigh, North Carolina, for Appellants Brewer, Garrison, Holland, and Rhodes. Marianne Hogan , MORGAN, LEWIS & BOCKIUS, LLP, Washington, D.C., for Appellees.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Agee wrote the opinion in which Judge Motz and Judge Diaz joined.

The complaint in this case, brought under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., relates to the DAK Americas LLC Pension Plan (the "Plan"), a defined benefit pension plan established by DAK Americas LLC ("DAK") and administered by the Retirement Committee of DAK Americas...

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