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SCHAEFFER v. ASCENSION COLLEGE, INC.

Civil Action No. 96-3427-B-M1.

964 F.Supp. 1067 (1997)

Jean SCHAEFFER, et al., v. ASCENSION COLLEGE, INC., et al.

United States District Court, M.D. Louisiana.

May 16, 1997.

Attorney(s) appearing for the Case

Ernest N. Souhlas, Souhlas Law Firm, Covington, LA, for plaintiffs.

R. Ryland Percy, III, Percy, Pujol, O'Brien and Wiley, Gonzales, LA, for defendant.

RULING ON MOTION TO DISMISS FILED BY ASCENSION COLLEGE, INC.

POLOZOLA, District Judge.

This matter is before the Court on motion to dismiss plaintiffs' original and amended complaint with prejudice pursuant to Rule 12(b)(1), 12(b)(6), and Rule 9(b) filed by Ascension College, Inc. ("ACI"). For reasons which follow, the Court finds plaintiffs' failed to properly plead fraud pursuant to Rule 9(b). However, instead of dismissing the suit, the Court will grant...

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