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ERVAST v. FLEXIBLE PRODUCTS CO.

Nos. 02-15769, 02-15941.

346 F.3d 1007 (2003)

Roger ERVAST, Plaintiff-Appellant, v. FLEXIBLE PRODUCTS COMPANY, Randy Peterson, Doug Cruickshank, Defendants-Appellees. Roger Ervast, Plaintiff-Appellee, v. Flexible Products Company, Randy Peterson, Doug Cruickshank, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 24, 2003.

Attorney(s) appearing for the Case

Douglas R. Kertscher, Peter F. Schoenthaler, Atlanta, GA, for Ervast.

Howard Douglas Hinson, Patrick Connors DiCarlo, Alston & Bird, Atlanta, GA, for Flexible Products Co., Peterson and Cruickshank.

Before BIRCH and HULL, Circuit Judges, and EDENFIELD, District Judge.

BIRCH, Circuit Judge:

This case arose when an employee collected benefits from an Employee Stock Ownership Plan ("ESOP") at the time of his resignation from the company. The company did not disclose information to him about a potential merger during the time he made his decision to resign. The employee claims he was entitled to the information and seeks damages for the difference in stock price. The issue before us is whether he will litigate that claim in state court...

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