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U.S. v. ST. GERMAIN

No. CIV.A.03-F-1041(BNB).

363 F.Supp.2d 1293 (2005)

UNITED STATES of America, Plaintiff, v. David B. ST. GERMAIN, and Randy Overley, Defendants.

United States District Court, D. Colorado.

April 4, 2005.

Attorney(s) appearing for the Case

Christopher Alberto, United States Attorney's Office, Boston, MA, for Plaintiff.

David B. St. Germain, Addison, TX, pro se.

Ty Cheung Gee, Haddon, Morgan, Mueller, Jordan, Mackey & Foreman, PC, Denver, CO, for Defendant.

ORDER ON PENDING MOTIONS

FIGA, District Judge.

This matter comes before the Court on two pending motions to dismiss filed by Defendant Overley (Dkt.# 13 and 36).

PROCEDURAL BACKGROUND

On November 12, 2003, Defendant Overley first filed a motion to dismiss the complaint, asserting that it failed to state a claim for relief against him and failed to plead fraud with particularity in contravention of Rule 9(b), F.R.Civ.P. On November...

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