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FINLEY v. DUN & BRADSTREET CORP.

Civil Action No. 06-1838 (SRC).

471 F.Supp.2d 485 (2007)

Jack FINLEY, Plaintiff, v. DUN & BRADSTREET CORP. and the Dun & Bradstreet Corp. Retirement Account, Defendants.

United States District Court, D. New Jersey.

January 26, 2007.

Attorney(s) appearing for the Case

Jonathan I. Nirenberg, Esq., Aesnick Nirenberg & Siegler, Roseland, NJ, for Plaintiff Jack Finley.

Christopher H. Mills, Esq., Fisher & Phillips, LLP, Somerset, NJ, Patrick W. Shea, Esq., Christine Button, Esq., Paul, Hastings, Janofsky & Walker LLP, Stamford, CT, for Defendants Dun & Bradstreet Corp. and the Dun & Bradstreet Corp. Retirement Account.

OPINION

CHESLER, District Judge.

This matter comes before the Court on the motion to dismiss for failure to state a claim upon which relief may be granted, pursuant to FED. R. CIV. P. 12(b)(6), by Defendants Dun & Bradstreet Corp. and the Dun & Bradstreet Corp. Retirement Account (collectively, "Defendants" or "D & B"). For the reasons set forth below, the motion will be GRANTED IN PART and DENIED IN PART.

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