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PET QUARTERS v. DEPOSITORY TRUST AND CLEARING

No. 4:04-cv-1528-RSW.

545 F.Supp.2d 845 (2008)

PET QUARTERS, INC., et al, Plaintiffs v. The DEPOSITORY TRUST AND CLEARING CORP., The Depository Trust Company, and The National Securities Clearing Corporation, Defendants.

United States District Court, E.D. Arkansas, Western Division.

February 25, 2008.

Attorney(s) appearing for the Case

James W. Christian, Sean Greenwood, Christian, Smith & Jewell, LLP, John O'Quinn, Lyric Center, Houston, TX, Richard L. Ramsay, Eichenbaum, Liles & Heister, P.A., Little Rock, AR, Scott K. Attaway, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, DC, for Plaintiffs.

Gregg M. Mashberg, Karen D. Coombs, Melissa B. Davis, Proskauer Rose LLP, New York, NY, Peter G. Kumpe, Williams & Anderson, PLLC, Little Rock, AR, for Defendants.

MEMORANDUM OPINION & ORDER

RODNEY S. WEBB, District Judge.

The Defendants (collectively "Depository Trust") move for an order dismissing the Plaintiffs' (collectively "Pet Quarters") case (doc. # 9). Depository Trust claims Pet Quarters' state-based causes of action are barred by federal conflict and field preemption. Because Pet Quarters' state claims conflict with Congress's intent to have a uniform and efficient system for settling and clearing...

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