Robert S. CATZ (96-3114/5776); Shawn D. Catz and Jason A. Catz (96-5776), Plaintiffs-Appellants,
v.
Susan R. CHALKER (96-3114/5776); Leonard I. Karp and Annette Everlove (96-3114); Fidelity Investments, Inc., Waterhouse Securities, and TIAA-CREF, Inc. (96-5776), Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued July 31, 1997.
Decided April 16, 1998.
Attorney(s) appearing for the Case
Robert S. Catz (argued and briefed), Nashville, TN, Michael D. Mosher (argued), Michael D. Mosher & Associates, Paris, TX, for Plaintiff-Appellant Robert S. Catz in No. 96-3114.
Charles R. Ray (briefed), Nashville, TN, Robert S. Catz (argued), Nashville, TN, for Plaintiffs-Appellants Shawn D. Catz and Jason A. Catz in No. 96-5776.
Charles R. Ray (briefed), Nashville, TN, Michael D. Mosher (argued), Michael D. Mosher & Associates, Paris, TX, for Plaintiff-Appellant Robert S. Catz in No. 96-5776.
Charles W. McElroy (argued and briefed), Boult, Cummings, Conners & Berry, Nashville, TN, Mark B. Cohn and Jeffrey A. Huth (briefed), McCarthy, Lebit, Crystal & Haiman, Cleveland, OH, for Defendant-Appellee Susan R. Chalker in No. 96-3114.
Byron R. Trauger (briefed), Gregory Mitchell (briefed), Doramus & Trauger, Nashville, TN, for Defendant-Appellee Fidelity Investments in No. 96-3114.
Mark B. Cohn (briefed), McCarthy, Lebit, Crystal & Haiman, Cleveland, OH, for Defendants-Appellees Waterhouse Securities, Teachers Insurance and Annuity Association of America, College Retirement Equity fund, Ohio State Teachers Retirement System in No. 96-3114.
Charles W. McElroy (argued and briefed), Boult, Cummings, Conners & Berry, Nashville, TN, Mark B. Cohn (briefed), McCarthy, Lebit, Crystal & Haiman, Cleveland, OH, for Defendant-Appellee Annette Everlove in No. 96-3114.
L. Beth Evans, Waller, Lansden, Dortch & Davis, Nashville, TN, Charles W. McElroy (argued and briefed), Boult, Cummings, Conners & Berry, Nashville, TN, Jeffrey A. Huth and Mark B. Cohen (briefed), McCarthy, Lebit, Crystal & Haiman, Cleveland, OH, for Defendant-Appellee in No. 96-5776.
Byron R. Trauger, Gregory Mitchell (briefed), Doramus & Trauger, Nashville, TN, for Defendant-Appellee Fidelity Investments, Inc. in No. 96-5776.
Before: MERRITT, WELLFORD, and BOGGS, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
BOGGS, J., delivered the opinion of the court, in which MERRITT, J., joined.
WELLFORD, J. (pp. 295-96), delivered a separate concurring opinion.
OPINION
BOGGS, Circuit Judge.
This is a very complicated case, both procedurally and factually. The parties have contested it through at least five trial courts and three appellate courts, with vigor and venom. To assist the reader, I will preface the formal recitation of the facts with an over-simplified...
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