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COX OBO GLOBAL REAL ESTATE FUND v. ING INVESTMENTS

Civ. No. 13-1521-SLR.

47 F.Supp.3d 209 (2014)

Jeremie COX, Derivatively ON BEHALF OF ING GLOBAL REAL ESTATE FUND, Plaintiff, v. ING INVESTMENTS LLC, Defendant.

United States District Court, D. Delaware.

Signed June 6, 2014.

Attorney(s) appearing for the Case

Joel Friedlander, Esquire and Jaclyn Levy, Esquire of Friedlander & Gorris, PA, Wilmington, Delaware. Counsel for Plaintiff. Of Counsel: Stephen J. Oddo, Esquire, Edward B. Gerard, Esquire, and Justin D. Rieger, Esquire of Robbins Arroyo LLP.

Patricia R. Uhlenbrock, Esquire and Seton G. Mangine of Pinckney, Weidinger, Urban & Joyce LLC, Wilmington, Delaware. Counsel for Defendant. Of Counsel: James N. Benedict, Esquire and Sean M. Murphy, Esquire, of Milbank, Tweed, Hadley & McCloy LLP.

MEMORANDUM OPINION

I. INTRODUCTION

On August 30, 2013, plaintiff Jeremie Cox ("Cox") filed a complaint derivatively on behalf of ING Global Real Estate Fund ("the Fund") against defendant ING Investments LLC ("ING") alleging that ING breached its fiduciary duty under Section 36(b) of the Investment Company...

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