Wilmington Shipping Co. v. New England Life Insurance
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Affirmed in part and reversed in part by published opinion. Chief Judge WILLIAMS wrote the opinion, in which Judge MOTZ and Judge SHEDD joined.
OPINION
WILLIAMS, Chief Judge:
Appellants Wilmington Shipping Company (“WSC”) and Peter Brown Ruffin, Jr. appeal from the district court’s grant of summary judgment to New England Life Insurance Company (“NEL”) on Ruffin’s claim for breach of fiduciary duty under § 502(a)(2) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C.A. § 1132(a)(2) (West 1999 & Supp.2005), and Appellants’ claims under North Carolina law for unfair and'…
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