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US AIRWAYS, INC., IN ITS CAPACITY AS FIDUCIARY AND PLAN ADMINISTRATOR OF THE US AIRWAYS, INC. EMPLOYEE BENEFITS PLAN, PETITIONER v. JAMES E. MCCUTCHEN et al.

handle is hein.preview/prvwpepspsc0001 and id is 1 raw text is: No. 11-1285 In tlj *uprem( Court of tj urnitb *tatet U.S. AIRWAYS, INC., IN ITS CAPACITY AS FIDUCIARY AND PLAN ADMINISTRATOR OF THE U.S. AIRWAYS, INC. EMPLOYEE BENEFITS PLAN, PETITIONER V. JAMES E. MCCUTCHEN, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING NEITHER PARTY M. PATRICIA SMITH Solicitor of Labor TIMOTHY D. HAUSER Associate Solicitor NATHANIEL I. SPILLER Counsel for Appellate Litigation EDWARD D. SIEGER Attorney Department of Labor Washington, D.C. 20210 DONALD B. VERRILLI, JR. Solicitor General Counsel of Record EDWIN S. KNEEDLER Deputy Solicitor General JOSEPH R. PALMORE Assistant to the Solicitor General Department of Justice Washington, D.C. 20530-0001 Supreme CtBriefs @Tusdoj.gov (202) 514-2217

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