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[DOI] [PMC free article] [PubMed] [Google Scholar] 80.Hagh LG, Zakavi F, Ansarifar S, Ghasemzadeh O, Solgi G

He fined me and that was the end of it

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By contrast, other courts have allowed the fiduciary breach claims to proceed beyond a motion to dismiss, holding that the assessment and collection of an unlawful tobacco premium surcharge, if proven, could amount to a breach of fiduciary duty resulting in loss to the plan