A magistrate for the Western District of Texas recommended that the district court grant in part ERISA plan administrator's motion for summary judgment, holding the plan participant's claim for breach of fiduciary duty must be dismissed as a matter of law where the equitable relief sought is duplicative of relief sought under the participant's other causes of action, but that the plan administrator is not entitled to summary judgment on the participant's claim for retaliation, interference, and denial of benefits.
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