Indiana State District Counsel, et al v. Omnicare, Inc., et al

Filing

OPINION and JUDGMENT filed : The district court's judgment with regard to Defendants' legal compliance claims is REVERSED and REMANDED. The judgment with respect to Plaintiffs' GAAP-based claims is AFFIRMED. Decision for publication. R. Guy Cole, Jr. (AUTHORING) and Richard Allen Griffin, Circuit Judges; and James S. Gwin (CONCURRING), U.S. District Judge for the Northern District of Ohio, sitting by designation.*Pursuant to the opinion correction letter of 5/23/13, the opinion and judgment attached to this entry have been corrected.--[Edited 05/23/2013 by CL]

Case: 12-5287

Document: 006111700104

Filed: 05/23/2013

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 12-5287
INDIANA STATE DISTRICT COUNCIL OF LABORERS
AND HOD CARRIERS PENSION AND WELFARE
FUND, on behalf of itself and all others similarly situated,
Plaintiff,

1

H

FILED
May 23, 2013
DEBORAH S. HUNT, Clerk

CEMENT MASONS LOCAL 526 COMBiNED FUNDS;
LABORERS DISTRICT COUNCIL CONSTRUCTION
INDUSTRY PENSION FUND,
Plaintiffs Appellants,
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V.

OMNICARE, INC.; JOEL F. GEMUNDER; DAVID
FROESEL, JR.; CHERYL D. HODGES; EDWARD
L. HUTTON; SANDRA E. LANEY,
Defendants Appellees.
-

Before: COLE and GRIFFiN, Circuit Judges; GWIN, District Judge.
JUDGMENT
On Appeal from the United States District Court
for the Eastern District of Kentucky at Covington.
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 judgment with
regard to Plaintiffs’ legal compliance claims is REVERSED and REMANDED for further proceedings
consistent with the opinion of this court. IT IS FURTHER ORDERED that the judgment with respect
to Plaintiffs’ GAAP-based claims is AFFIRMED.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk