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BEHLEN v. MERRILL LYNCH

No. 01-16424.

311 F.3d 1087 (2002)

Charles H. BEHLEN, individually and on behalf of a class of similarly situated persons and entities, Plaintiff-Appellant, v. MERRILL LYNCH, Phoenix Investment Partners, Ltd., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 8, 2002.

Attorney(s) appearing for the Case

Albert L. Jordan, Michael L. Jackson, Wallace, Jordan, Ratliff & Brandt, L.L.C., Birmingham, AL, Joseph M. Druhan, Jr., Mobile, AL, M. Stephen Dampier, Montgomery, AL, Anthony M. Hoffman, Zieman, Speegle, Oldweiler & Jackson, L.L.C., Mobile, AL, for Plaintiff-Appellant.

Luther M. Dorr, Jr., A. Inge Selden, III, Maynard, Cooper, Frierson & Gale, Birmingham, AL, Kelly D. Reese, Mobile, AL, Julie Wilson, Maynard, Cooper & Gale, P.C., Montgomery, AL, D. Brent Baker, Frazer, Greene, Upchurch & Baker, P. Russel Myles, McDowell, Knight, Roedder & Sledge, LLC, Mobile, AL, for Defendants-Appellees.

Before WILSON, RONEY and ALARCON, Circuit Judges.

WILSON, Circuit Judge:

Charles H. Behlen, individually and on behalf of a class of similarly situated individuals, appeals the district court's denial of his motion to remand his case to state court and its order dismissing his lawsuit. The district court determined that it had removal and supplemental jurisdiction over the action and therefore denied the motion to remand. The court further determined that the action was barred by the Securities Litigation Uniform...

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