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LINDELL v. LANDIS CORP. 401(K) PLAN

Civil Action No. 08-1462 (PLF).

640 F.Supp.2d 11 (2009)

Nathan LINDELL, Plaintiff, v. The LANDIS CORPORATION 401(K) PLAN; Landis Construction Company; Ethan Landis, individually and in his capacity as an officer; Hugh Jeffrey Fox, Plan Administrator of the Landis Corporation 401(K) Plan; and John Does 1-5, Fiduciaries, Defendants.

United States District Court, District of Columbia.

July 28, 2009.

Attorney(s) appearing for the Case

Denise Marie Clark, Washington, DC, for Plaintiff.

Joel P. Bennett, Washington, DC, for Defendants.

MEMORANDUM OPINION

PAUL L. FRIEDMAN, District Judge.

This matter is before the Court on defendants' motion to dismiss for failure to state a claim upon which relief can be granted under Rule 12(b)(6) of the Federal Rules of Civil Procedure ("Mot."), plaintiff's opposition ("Opp.") and defendants' reply. For the reasons discussed below, the Court finds that the issues raised in this motion are better understood as a challenge to subject matter jurisdiction...

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