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IN RE DONAHUE SECURITIES, INC.

Bankruptcy No. 01-1027, Adversary No. 02-1381.

304 B.R. 797 (2003)

In re DONAHUE SECURITIES, INC. and S.G. Donahue & Company, Inc., Debtors. Douglas L. Lutz, Trustee for the Liquidation of Donahue Securities, Inc. & S.G. Donahue Company, Inc., Plaintiff, v. Richard Chitwood and Michelle Schumacher and Sharyn Lynn Mayer, Defendants.

United States Bankruptcy Court, S.D. Ohio, Western Division.

October 2, 2003.

Attorney(s) appearing for the Case

Lisa Dorr, Stephen P. Harbeck, Washington, DC, for Plaintiff.

Ryan C. Edwards, Cincinnati, OH, Douglas L. Lutz, Douglas S. Tripp, Gerald L. Baldwin, Steven D. Hengehold, Cincinnati, OH, for Defendant.

MEMORANDUM ON ORDER GRANTING MOTION TO DISMISS AND GRANTING MOTION TO AMEND COMPLAINT

JEFFERY P. HOPKINS, Bankruptcy Judge.

The Plaintiff commenced this adversary proceeding with the filing of a Complaint (Doc. 1) alleging that the Defendants, employees of Donahue Securities, Inc. ("DSI"), breached a duty of care owed to DSI. Presently before the Court is a motion to dismiss ("Motion") (Doc. 5) filed...

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