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MAGYERY v. TRANSAMERICA FINANCIAL ADVISORS, INC.

No. 3:03 CV 0777 AS.

315 F.Supp.2d 954 (2004)

Michael MAGYERY, individually and for all others similarly situated, Plaintiff, v. TRANSAMERICA FINANCIAL ADVISORS, INC., Lawrence Hill and Hill & Associates, Inc. Defendants.

United States District Court, N.D. Indiana, South Bend Division.

April 16, 2004.

Attorney(s) appearing for the Case

Scott L. Starr, Logansport, Thomas R. Hamilton, South Bend, IN, for Plaintiff.

Alison G. Fox, Paul Fischer and James Jorden, Washington, DC, Paul J. Peralta, South Bend, IN, for deft. Transamerica.

Kevin M. O'Hagan, Chicago, IL, Michael W. Van Zalingen, Forest Park, IL, for defts Hill & Associates, Inc. and Hill.

MEMORANDUM AND ORDER

ALLEN SHARP, District Judge.

This cause is before the Court on the Defendant's Motion to Dismiss pursuant to Federal Rule of Civil Procedure Rule 12(b)(6), and the Plaintiffs' Motion to Remand the action to State Court. Plaintiffs filed this litigation as a putative class action in state court under four state law theories: conversion; breach of contract; breach of fiduciary duty; and negligent supervision. The Defendants removed...

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