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FENTON v. BALICK

Civil Action No. 11-5085.

821 F.Supp.2d 755 (2011)

Robert FENTON, as Trustee of the Fenton Family Trust v. Neil BALICK, D.D.S.

United States District Court, E.D. Pennsylvania.

November 3, 2011.

Attorney(s) appearing for the Case

Jeremy D. Mishkin, Lathrop B. Nelson, III, Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, James M. Burgess, Sheppard Mullin Richter & Hampton LLP, Los Angeles, CA, for Plaintiff.

Norman Mittman, Mittman & Liebman Associates, Montgomeryville, PA, for Defendant.

MEMORANDUM

PADOVA, District Judge.

This is a state law action for conversion and replevin regarding the ownership of an Andy Warhol painting. Defendant has filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the Motion is denied.

I. FACTS

The Complaint alleges the following facts. Robert Fenton ("Robert") is the trustee of the Fenton Family Trust ("the Trust"), which was created...

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