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ESTATE OF EITELJORG EX REL. EITELJORG v. EITELJORG

No. 1:09-cv-0726-SEB-DML.

813 F.Supp.2d 1069 (2011)

ESTATE OF Sonja EITELJORG by Roger EITELJORG, as Personal Representative, Plaintiff, v. Harrison EITELJORG II and Jack M. Eiteljorg, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

September 27, 2011.

Attorney(s) appearing for the Case

Richard A. Smikle, Ice Miller LLP, Indianapolis, IN, for Plaintiff.

Joseph M. Hendel, Mark S. Alderfer, Vicki L. Anderson, Hackman Hulett & Cracraft LLP, Indianapolis, IN, for Defendants.

ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS' AMENDED MOTION TO DISMISS

SARAH EVANS BARKER, District Judge.

This cause is before the Court on Defendants' Amended Motion to Dismiss Plaintiff's Complaint [Docket No. 42], filed on September 20, 2010, pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6), and 12(b)(7). On June 12, 2009, Plaintiff, the Estate of Sonja Eiteljorg by Roger Eiteljorg, as personal representative ("the Estate"),...

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