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In Re: Citigroup, Inc. Capital Accumulation Plan v. Citigroup Global Markets Inc.; Smith Barney Inc.; Citifinancial Inc

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Before Torruella, Boudin, and Lipez, Circuit Judges.

LIPEZ, Circuit Judge. This appeal involves two groups of former employees of Salomon Smith Barney and its predecessors and affiliates who, like many similarly situated plaintiffs before them, participated in a deferred compensation plan known as the Capital Accumulation Plan (CAP). For the most part, the plaintiffs’ claims rehash unsuccessful claims brought by the plaintiffs in In re Citigroup, Inc. Capital Accumulation Plan Litigation, 535 F.3d 45 (2008). The notable difference between the two cases — namely, the applicable state law in the 2008 case was that of Florida and Georgia, while in this case it is the law of Colorado and Louisiana — does not change our view of the merits of those claims. In a well-reasoned and thorough order, the district court granted summary judgment for the defendants on all of the claims against them. See In re Citigroup, Inc. Capital Accumulation Plan Litig., No. 00-cv-11912-NG (D. Mass. Jan. 6, 2010). Relying on our previous In re Citigroup decision and the district court’s able and convincing opinion, we summarily affirm.

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