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


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]

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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, - 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

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