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BEASTON v. SUNDT COMPANIES

No. CV 09-551-TUC-AWT.

804 F.Supp.2d 1011 (2011)

Peggy J. BEASTON, Plaintiff, v. The SUNDT COMPANIES; Carol W. Peabody; and The Sundt Companies Esop Committee, Defendants.

United States District Court, D. Arizona.

August 15, 2011.

Attorney(s) appearing for the Case

Bruce R. Heurlin, Eric James McNeilus, Sr., Kevin Michael Sherlock, Heurlin Sherlock Panahi, Tucson, AZ, for Plaintiff.

David M. Bell, David Bell & Associates PLLC, Phoenix, AZ, Dennis G. Rolstad, Sedgwick Detert Moran & Arnold LLP, San Francisco, CA, for Defendants.

MEMORANDUM ORDER

A. WALLACE TASHIMA, Circuit Judge.

Peggy J. Beaston ("Plaintiff") brings this action against The Sundt Companies ("Sundt"), Carol W. Peabody, a member of the Sundt ESOP Advisory Committee ("Peabody"), and the Sundt Companies ESOP Committee (the "Committee"). (The defendants, collectively, are hereinafter referred to as "Defendants.") Plaintiff alleges discrimination, breach of fiduciary and cofiduciary duty, fraud, and misrepresentation...

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