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FLYNN EX REL. MOODY'S CORP. v. McDANIEL

No. 08 Civ. 11059(SHS).

689 F.Supp.2d 686 (2010)

Thomas R. FLYNN, derivatively on behalf of nominal defendant MOODY'S CORPORATION, Plaintiff, v. Raymond W. McDANIEL, Jr; Basil L. Anderson; Robert R. Glauber; Ewald Kist; Cornelius Alexander McGillicudy III; Henry A. McKinnell, Jr.; Nancy S. Newcomb; John K. Wulff; Joseph McCabe; Michael Kanef; Linda S. Huber; John J. Goggins; Brian Clarkson; Andrew Kimball, and Noel Kirnon, Defendants, and Moody's Corporation, Nominal Defendant.

United States District Court, S.D. New York.

February 23, 2010.

Attorney(s) appearing for the Case

Darrell Scott Cafasso, Sharon L. Nelles, Stephen Ehrenberg, Sullivan & Cromwell, LLP, New York, NY, for Defendants.

OPINION & ORDER

SIDNEY H. STEIN, District Judge.

This action raises solely state law claims of breach of fiduciary duties, gross mismanagement, abuse of control, unjust enrichment, and constructive fraud. It was initially filed in New York State Supreme Court and was removed to this Court by defendants pursuant to 28 U.S.C. § 1441. Plaintiffs have now moved to remand this action back to state court on the grounds that the amended complaint...

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