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CHANESS & SIMON, P.C., v. SIMON

No. CIV. 02-40066.

241 F.Supp.2d 774 (2003)

CHANESS & SIMON, P.C., Profit Sharing Plan, Plaintiff, v. Mitchell K. SIMON, Defendant.

United States District Court, E.D. Michigan, Southern Division.

January 3, 2003.

Attorney(s) appearing for the Case

Stephen Scapelliti, Farmington Hills, for Chaness and Simon, P.C. Profit Sharing Plan, under agreement dated August 6, 1992, as amended, plaintiff.

Ross L. Wilber, Resnick & Moss, Bloomfield Hills, for Mitchell K. Simon, defendant.

ORDER

GADOLA, District Judge.

Before this Court is Defendant's Motion for Summary Judgment. The Court elects to proceed without a hearing on the Motion. See E.D. Mich. LR 7.1(e)(2). For the reasons set forth below, the Court shall deny Defendant's Motion.

I. INTRODUCTION

In the Motion, Defendant advances three arguments. First, Defendant contends that this Court lacks subject matter jurisdiction over the Complaint, which Plaintiff...

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