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AMERICAN EXP. FINANCIAL ADVISORS, INC. v. TOPEL

No. Civ.A. 97-B-1741.

38 F.Supp.2d 1233 (1999)

AMERICAN EXPRESS FINANCIAL ADVISORS, INC., Plaintiff, v. Stephen H. TOPEL, Defendant.

United States District Court, D. Colorado.

March 9, 1999.

Attorney(s) appearing for the Case

Barbara W. Gall, Maria Luisa Sepulveda, Sherman & Howard, Denver, CO, David E. Schoenfeld, Dawn E. Gard, Grippo & Elden, Chicago, IL, for plaintiff.

Dennis A. Graham, William J. Munn, Clanahan, Tanner, Downing and Knowlton, P.C., Denver, CO, for defendant.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

In this action arising out of an alleged independent contractor relationship, defendant Stephen H. Topel moves to dismiss, pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be granted, claim one for breach of contract filed by plaintiff American Express Financial Advisors, Inc. (AMEX). Also pending are the following motions filed by AMEX: 1) Rule 12(b)(6) motion to dismiss...

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