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EQUAL JUSTICE v. DEUTSCHE BANK TRUST CO. AMERICAS

No. C2-04-228.

412 F.Supp.2d 790 (2005)

EQUAL JUSTICE FOUNDATION, Plaintiff, v. DEUTSCHE BANK TRUST COMPANY AMERICAS, et al., Defendants.

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

July 18, 2005.

Attorney(s) appearing for the Case

Edward Alan Icove, Smith & Condeni Co. LPA, Cleveland, OH, for Plaintiff.

David C. Layden, Jenner & Block LLP, Chicago, IL, Daniel Richard Swetnam, Schottenstein, Zox & Dunn, Columbus, OH, for Defendants.

OPINION AND ORDER

SARGUS, District Judge.

In this diversity action, Defendants, Deutsche Bank Trust Company Americas and BT Commercial Corporation (collectively "Deutsche Bank" or "Defendants"), move to dismiss the Complaint filed by Plaintiff, Equal Justice Foundation ("EJF"), pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, or alternatively under Rule 9(b) for failure to plead fraud with requisite particularity...

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