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BERENSON v. NATIONAL FINANCIAL SERVICES, LLC

No. CIV.A. 04-11311-WGY.

403 F.Supp.2d 133 (2005)

Joan BERENSON and David Berenson, individually and on behalf of others similarly situated, Plaintiffs, v. NATIONAL FINANCIAL SERVICES, LLC, Fidelity Brokerage Services, LLC and Does 1-50 Defendants

United States District Court, D. Massachusetts.

October 31, 2005.

Attorney(s) appearing for the Case

Kenneth L. McWilliams, Johanson, Berenson LLP, Great Falls, VA, Douglas Andrew Rubel, Johanson, Berenson, LLP, Cary, NC, Susan E. Stenger, Perkins, Smith & Cohen, LLP, Boston, MA, for Plaintiffs.

David E. Cole, Foley Hoag LLP, William W Fick, Foley Hoag LLP, Boston, MA, Lawrence Hedrick Martin, Foley Hoag LLP, Washington, DC, John A. Shope, Foley Hoag LLP, Nicholas C. Theodorou, Foley Hoag LLP, Boston, MA, for Defendants.

MEMORANDUM

YOUNG, Chief Judge.

By Order dated July 13, 2005 [Doc. No. 79], this Court ALLOWED in part and DENIED in part a motion for summary judgment [Doc. No. 60]. This Memorandum sets forth the analysis leading to the Court's order.

I. INTRODUCTION

This is a putative class action involving an electronic bill payment service provided by National Financial Services LLC and...

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