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TOLEDO BLADE NEWSPAPER v. INVESTMENT PER. SERVICES

No. 3:04 CV 7123.

448 F.Supp.2d 871 (2006)

TOLEDO BLADE NEWSPAPER UNIONS-BLADE PENSION PLAN, Plaintiff, v. INVESTMENT PERFORMANCE SERVICES, LLC, et al., Defendant.

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

September 18, 2006.

Attorney(s) appearing for the Case

Dennis E. Murray, Sr., Donna Jean A. Evans, Murray & Murray, Sandusky, OH, Jeffrey J. Wedel, Kimberly A. Eberwine, Squire, Sanders & Dempsey, Cleveland, OH, for Plaintiffs.

Anastasia K. Hanson, Theodore M. Rowen, Spengler Nathanson, Toledo, OH, Pete S. Michaels, Deborah G. Evans, Michaels & Ward, Boston, MA, Arthur S. Linker, Robert W. Gottlieb, Katten Muchin Rosenman, New York City, for Defendants.

MEMORANDUM OPINION

KATZ, District Judge.

I. Introduction

This matter is before the Court on motions to dismiss counterclaims. In the underlying action, the Toledo Blade Unions Pension Plan ("Plan") and its Trustees, Barbara F. Gessel, Donald M. Brehmer, Richard 0. Gase, and David W. Zoll ("Trustees" or "Plaintiff Trustees") allege breach of fiduciary duty by Investment Performance Services et al ("Defendants"), alleging that Defendants irresponsibly...

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