Howard Frank, et al v. Dana Corporation, et al

Filing

OPINION and JUDGMENT filed: REVERSED, decision for publication pursuant to local rule 206. Boyce F. Martin , Jr. (AUTHORING); Jane Branstetter Stranch, Circuit Judges and Amul R. Thapar, U.S. District Judge for the E. D. of KY.

Case: 09-4233 Document: 006110967056 Filed: 05/25/2011 Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

FILED

May 25, 2011
No. 09-4233

LEONARD GREEN, Clerk

HOWARD FRANK, Individually and on behalf of all others similarly situated,
Plaintiffs,
PLUMBERS & PIPEFITTERS NATIONAL PENSION FUND; SEIU PENSION
PLANS MASTER TRUST; WEST VIRGINIA LABORERS PENSION TRUST FUND,
Plaintiffs - Appellants,
v.
DANA CORPORATION,
Defendant,
MICHAEL J. BURNS; ROBERT C. RICHTER,
Defendants - Appellees.
Before: MARTIN and STRANCH, Circuit Judges; THAPAR, District Judge.

JUDGMENT
On Appeal from the United States District Court
for the Northern District of Ohio at Toledo.
THIS CAUSE was heard on the record from the district court and was argued by
counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s order
granting dismissal to defendants Michael J. Burns and Robert C. Richter is REVERSED.
ENTERED BY ORDER OF THE COURT

Leonard Green, Clerk