Eloise Hitchcock, et al v. Cumberland Univ 403(B) D, et al

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OPINION and JUDGMENT filed : The judgment of the district court is REVERSED, and the case is REMANDED for further proceedings consistent with the opinion of this court. Decision for publication. Gilbert S. Merritt, Eric L. Clay (AUTHORING), and Bernice Bouie Donald, Circuit Judges.

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Case: 16-5942 Document: 31-3 Filed: 03/14/2017 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 16-5942 ELOISE HITCHCOCK; SHERYL KAE, Plaintiffs - Appellants, FILED Mar 14, 2017 DEBORAH S. HUNT, Clerk v. CUMBERLAND UNIVERSITY 403(b) DC PLAN; CUMBERLAND UNIVERSITY; JOHN DOES 1–10, Defendants - Appellees. Before: MERRITT, CLAY, and DONALD, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Middle District of Tennessee at Nashville. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION THEREOF, it is ORDERED that the judgment of the district court is REVERSED, and the case is REMANDED for further proceedings consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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