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TOOMEY v. WACHOVIA INS. SERVICES, INC.

No. 05-13242.

547 F.3d 1291 (2008)

Richard L. TOOMEY, Resident of Montgomery County, As an individual and as an assignee of IMC Mortgage Company, Brian D. Holman, Resident of Baltimore County, As an individual and as an assignee of IMC Mortgage Company, Plaintiffs-Appellees Cross-Appellants, v. WACHOVIA INSURANCE SERVICES, INC., Joel G. Williams, David Baldwin, Inc., A Division of Wachovia Insurance Services, Inc., Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 28, 2008.

Attorney(s) appearing for the Case

James F. Hibey, Lisa K. Hsiao, Romeo S. Quinto, Jr., Howrey LLP, Washington, DC, for plaintiffs-appellees.

John H. Pelzer, Ruden, McClosky, Smith, Schuster & Russell, P.A., Ft. Lauderdale, FL, Donald A. Mihokovich, Ruden, McClosky, Smith, Schuster & Russell, P.A., Tampa, FL, for defendants-appellants.

Before TJOFLAT, BARKETT and GOODWIN, Circuit Judges.

PER CURIAM.

In this diversity action, Richard Toomey and Brian Holman sued Wachovia Insurance Services, Inc., Davis Baldwin, Inc., a division of Wachovia Insurance Services, Inc., and Joel Williams, an officer/employee of Wachovia Insurance Services, Inc. (together "Wachovia") alleging, inter alia, that Wachovia breached fiduciary duties it owed to IMC Mortgage Company ("IMC") and that Wachovia was negligent in its...

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