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GILBERT v. NATIONAL EMPLOYEE BENEFIT COMPANIES

No. 3:04 CV 7526.

466 F.Supp.2d 928 (2006)

John C. GILBERT, et al., Plaintiff, v. NATIONAL EMPLOYEE BENEFIT COMPANIES, INC., et al., Defendant.

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

December 22, 2006.

Attorney(s) appearing for the Case

Joan Torzewski, Harris, Reny & Torzewski, Toledo, OH, Roger J. McClow, Klimist, Mcknight, Sale, Mcclow & Canzano, Southfield, MI, for Plaintiff, et al.

A. Dennis Terrell, Frank Velocci, Drinker, Biddle & Reath, Florham Park, NJ, Lisa Palm Kuebler, Patricia B. Fugee, Roetzel & Andress One Seagate, Toledo, OH, Michael Reynolds, Drinker Biddle & Reath, Florham Park, NJ, for Defendant, et al.

MEMORANDUM OPINION

KATZ, District Judge.

This matter is before the Court on Defendant NEBCO's counter-claim (Doc. 28); Plaintiffs' and third party defendant McClow's motions to dismiss (Doc. 43, 45); Defendant NEBCO's Response and "Motion to Dismiss" (Doc. 51); Plaintiffs' and third party defendant McClow's Replies (Doc. 61, 62); Plaintiff's Response (Doc. 67) to the "motion to dismiss;" Defendant's Reply (Doc. 69); and Plaintiffs' surreply (Doc....

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