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MERZIN v. PROVIDENT FINANCIAL GROUP, INC.

No. 1:03-CV-00165.

311 F.Supp.2d 674 (2004)

Jack MERZIN, et al., Plaintiffs, v. PROVIDENT FINANCIAL GROUP INC., et al., Defendants.

United States District Court, S.D. Ohio, Western Division.

March 9, 2004.

Attorney(s) appearing for the Case

Richard Stuart Wayne, William Kendall Flynn, Strauss & Troy, Cincinnati, OH, Steven G Schulman, Uri Seth Ottensoser, Milberg, Weiss, Bershad, Hynes & Lerach, New York, NY, Phyllis Elaine Brown, Copeland & Brown, Cincinnati, OH, Ira M Press, Kirby McInerney & Squire LLP, New York, NY, Paul L Hackett, Cincinnati, OH, David Paul Kamp, White Getgey & Meyer Co LPA, Steven F Stuhlbarg, Cincinnati, OH, for Plaintiffs.

James Eugene Burke, Jason M Cohen, Keating Muething & Klekamp, Cincinnati, OH, for Defendants.

ORDER

SPIEGEL, Senior District Judge.

This matter is before the Court on Defendants' Motion to Dismiss (doc. 20), Plaintiffs' Response (doc. 21), and Defendants' Reply (doc. 23).

I. Background

On March 5, 2003, Provident Financial Group, Inc., ("Provident") issued a press release announcing that it was restating its operating results for the years 1997 through 2002 (doc. 20). Provident avers that such restatement resulted from its discovery...

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