Pension Fund Group, et al v. Tempur-Pedic International, In, et al
Filing
OPINION: We discern no error in the distrrict court's dismissal of the amended complaint or abuse of discretion in its order denying the pension funds' motion to file a second amended complaint. Amendment was futile because the proposed second amended complaint included the same factual and legal allegations as the first amended complaint, and the district court properly considered the new exhibits appended to the proposed amended complaint when ruling on the motion to dismiss. We AFFIRM, decision not for publication. Damon J. Keith, Circuit Judge; Deborah L. Cook, Authoring Circuit Judge and Bernice Bouie Donald, Circuit Judge.
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