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Finally, the participants allege that the employer violated its fiduciary duties under ERISA by improperly prioritizing its interests over those of the participants, using plan assets to benefit itself, failing to disclose information about the program, administering the program in a discriminatory manner, and failing to ensure the programs compliance with applicable laws

In 1993, Bill Clinton proclaimed that he would be the first anti-smoking president

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3, 2009), motion for discretionary review denied , No