Carol Liss v. Fidelity Employer Services Com, et al

Filing

OPINION filed : REMANDED to the district court with instructions to remand to the Administrative Committee to develop the record on the issue of whether the SPD was properly furnished to McDonald. Finally, whether a constructive trust may be imposed is for the discretion of the district court after a determination of whether the SPD was properly furnished to McDonald, decision not for publication. Karen Nelson Moore, R. Guy Cole , Jr., Circuit Judges and Thomas M. Rose (Authoring), U.S. District Judge for the Southern District of Ohio.

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Case: 11-2124 Document: 006111602621 Filed: 02/26/2013 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 www.ca6.uscourts.gov Filed: February 26, 2013 Mr. K. Scott Hamilton Mr. Robert Brown June Ms. Kimberly J. Ruppel Mr. Eugene L. Smith Re: Case No. 11-2124, Carol Liss v. Fidelity Employer Services Com, et al Originating Case No. : 2:09-CV-12170 Dear Sir or Madam, The Court issued the enclosed Opinion today in this case. Sincerely yours, s/Louise Schwarber Case Manager Direct Dial No. 513-564-7015 cc: Mr. David J. Weaver Enclosure Mandate to issue

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