Smith v. Sydnor
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Reversed and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge NIEMEYER and Judge TRAXLER joined.
OPINION
WILLIAMS, Circuit Judge:
N. Glenn Smith appeals the district court’s Rule 12(b)(6) dismissal without prejudice of his derivative action under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. §§ 1001-1461 (West 1999). The district court concluded that although Smith’s amended complaint alleged that The McGraw Group, Inc. (McGraw),1 and its President, Chief Operating Officer, and majority stockholder, George W. Sydnor, Jr., breached their…
2Cases cited23 opinions
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- Alan Weiner, D.P.M. v. Klais and Company, Inc.Court of Appeals for the Sixth Circuit · 1997
- Concha v. LondonCourt of Appeals for the Ninth Circuit · 1995
- Arthur Fallick v. Nationwide Mutual Insurance Company Nationwide Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1998
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