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MAY v. NATIONAL BANK OF COMMERCE

No. 03-2112 M1/A.

390 F.Supp.2d 674 (2004)

Max MAY, an individual resident of Horn Lake, Desoto County, Mississippi, individually and in his capacity as a member of the Administrative Committee of the Memphis Equipment Company Employee Stock Ownership Plan, et al., Plaintiffs, v. NATIONAL BANK OF COMMERCE, a banking corporation organized under the laws of the United States of America, in its corporate capacity and as Trustee of the Memphis Equipment Company Employee Stock Ownership Plan, and Lawrence Scott, an individual resident of Cordova, Shelby County, Tennessee, Defendants.

United States District Court, W.D. Tennessee, Western Division.

February 27, 2004.

Attorney(s) appearing for the Case

John J. Heflin, III, Kenneth P. Jones, Bourland Heflin Alarez & Minor, Memphis, TN, for Plaintiffs.

John I. Houseal, Jr., Larry Montgomery, Glankler Brown, PLLC, Memphis, TN, Jeremy G. Alpert, Marc Louis Schatten, Glankler Brown, Memphis, TN, for Defendants.

Bobby M. Leatherman, Jr., Leatherman Law Office, Memphis, TN, for Lawrence Scott, an individual resident of Cordova, Shelby County, Tennessee, defendant.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO DISMISS COUNTERCLAIM OF LAWRENCE SCOTT

MCCALLA, District Judge.

Before the Court is Plaintiffs' Motion to Dismiss Counterclaim of Lawrence Scott, filed July 17, 2003. Defendant Scott responded in opposition on August 19, 2003. For the following reasons, the Court GRANTS in part and DENIES in part Plaintiffs' motion.

This case concerns the Memphis Equipment Company, Inc. Employee...

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