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HAHN ACQUISITION CORP. v. HAHN

No. CIV 99-40426.

137 F.Supp.2d 895 (2001)

HAHN ACQUISITION CORPORATION, a Delaware corporation, Plaintiff, v. Thomas HAHN, an individual, and John Hahn, an individual, jointly and severally, Defendants.

United States District Court, E.D. Michigan, Southern Division.

March 29, 2001.

Attorney(s) appearing for the Case

Andrew J. Haliw, Nanette L. Korpi, Joseph A. Siciliano, Haliw, Siciliano, Farmington Hills, MI, for plaintiff.

Jeffrey Alan Ishbia, Ishbia & Gagleard, Birmingham, MI, for defendants.

Andrew J. Haliw, Haliw, Siciliano, Farmington Hills, MI, Thomas G. McNeill, Dickinson, Wright, Detroit, MI, for movant.

ORDER

GADOLA, District Judge.

On February 9, 2001, this Court ordered Plaintiff Hahn Acquisition Corporation to show cause as to why Count I of the First Amended Complaint should not be dismissed because it is not a claim for relief arising under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001, et seq., and, even if it were, Plaintiff is not a proper party to bring a breach of fiduciary duty claim...

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