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


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.

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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

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