122056P.pdf   03/19/2014  Ronald Tussey  v.  ABB, Inc.
   U.S. Court of Appeals Case No:  12-2056
                          and No:  12-2060
                          and No:  12-3764
                          and No:  12-3895
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] Riley, Author, with Bright and Bye, Circuit Judges] 
   Civil case - ERISA. In a class action by current and former employees of 
   ABB alleging ABB and Fidelity breached their fiduciary duties with respect 
   to two retirement plans, that portion of the district court judgment which 
   found the ABB fiduciaries had breached their duties with respect to 
   recordkeeping is affirmed; however, that portion of the judgment and award 
   which found they breached their duties with respect to the employees' 
   investment selection and mapping claims is reversed and remanded for 
   further proceedings; the district court erred in finding Fidelity, the 
   plan manager, breached its fiduciary duty by its handling of the "float" 
   and "float" income, as the float was not a plan asset. Attorneys' fees 
   award vacated and remanded for further consideration in light of the 
   court's opinion. Judge Bye, dissenting in part.