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Text of DOL Amicus Brief in Back Pay ERISA Case in 10th Circuit
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]
Nov. 6, 2003
Excerpt: This case involves an action under Title I of [ERISA] and presents an important and recurring question: whether Section 502(a)(3) of ERISA, 29 U.S.C. § 1132(a)(3), authorizes back pay as 'appropriate equitable relief' to remedy a violation of Section 510, 29 U.S.C. § 1140.... In June 1994, Plaintiffs filed this lawsuit ... alleging Defendant had violated ERISA Section 510, by 'clos[ing] its Tulsa facilities for the purpose of depriving Plaintiffs of benefits covered by ERISA[.]'
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