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HOOPER v. ADAMS

No. 3-08-01121.

700 F.Supp.2d 942 (2010)

John M. HOOPER, II and John M. Hooper, III, Trustees of the Tennessee Wine & Spirits Company Individual Account Retirement Plan, Plaintiffs, v. Archie ADAMS, Defendant.

United States District Court, M.D. Tennessee, Nashville Division.

March 22, 2010.

Attorney(s) appearing for the Case

David A. Thornton, Bass, Berry & Sims, Memphis, TN, William N. Ozier, Bass, Berry & Sims, Nashville, TN, for Plaintiffs and Counter Defendants.

Emily B. Warth, Joseph F. Welborn, III, Walker, Tipps & Malone, Nashville, TN, for Counter Plaintiff and Defendant.

MEMORANDUM

WILLIAM J. HAYNES JR., District Judge.

Plaintiffs, John M. Hooper, II and John M. Hooper, III, Trustees of the Tennessee Wine & Spirits Company Individual Account Retirement Plan, filed this action under §§ 502(a)(2) and (3) of the Employee Retirement Income Security Act of 1974, ("ERISA"), 29 U.S.C. § 1132(a)(2) and (3) against the Defendant Archie Adams. Plaintiffs assert claims of breach of fiduciary duty, unauthorized...

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