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CONSUMERS ENERGY CO. v. SMITH BARNEY CORPORATE TRUST CO.

No. CIV. 02-40031.

329 F.Supp.2d 938 (2004)

CONSUMERS ENERGY COMPANY, Plaintiff/Counter-Defendant, v. SMITH BARNEY CORPORATE TRUST COMPANY, and Salomon Smith Barney, Inc., Defendants/Counter-Claimants/Third-Party Plaintiffs, v. Comerica Bank, Third-Party Defendant.

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

August 6, 2004.

Attorney(s) appearing for the Case

Michael G. Wilson, Consumers Energy Co., Jackson, MI, for Consumers Energy Co., Plaintiff.

Dennis K. Egan, Butzel Long, Bloomfield Hills, MI, Angela E. Boufford, Butzel Long, Bloomfield Hills, MI, Bloomfield Hills, MI, for Smith Barney Corporate Trust Co., Salomon Smith Barney, Inc., Defendants.

OPINION AND ORDER DENYING (1) PLAINTIFF'S SUMMARY JUDGMENT MOTION AND (2) THIRD-PARTY DEFENDANT'S SUMMARY JUDGMENT MOTION

GADOLA, District Judge.

This is a breach-of-fiduciary duty action under Employee Retirement Income Security Act (hereinafter "ERISA"), and it concerns a dispute over the liquidation of some $32,000,000.00 in assets.

Consumers Energy (hereinafter "Consumers") is the Plaintiff. Smith Barney Corporate Trust Company (hereinafter...

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