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AKS v. UNITED MISSOURI BANK

No. CIV.A. 03-2125-DJW.

309 F.Supp.2d 1275 (2004)

Howard A. AKS, Plaintiff, v. UNITED MISSOURI BANK, Defendant.

United States District Court, D. Kansas.

January 7, 2004.

Attorney(s) appearing for the Case

J. Patrick Shepard, Hazelton, Laner & Batson, Kansas City, MO, for Plaintiff.

Gardiner B. Davis, Spencer, Fane, Britt & Browne, Kansas City, MO, for Defendant.

MEMORANDUM AND ORDER

WAXSE, United States Magistrate Judge.

This matter is before the Court on Defendant's Motion to Dismiss (doc. 7). Defendant moves to dismiss Plaintiff's action pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Defendant contends that the Employee Retirement Income Security Act ("ERISA")1 provides the exclusive remedies for the wrongful conduct alleged in Plaintiff's...

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