No. 02 CV 73.

253 F.Supp.2d 1364 (2003)

Thomas R. HERNDON, Individually, and on Behalf of Others Similarly Situated, Plaintiff, v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Defendant.

United States District Court, S.D. Georgia, Savannah Division.

August 30, 2002.

Attorney(s) appearing for the Case

Inman Gregory Hodges, Oliver, Maner & Gray, Brent J. Savage, C. Dorian Britt, Savage, Turner, Pinson and Karsman, Savannah, GA, for Plaintiff.

Paul W. Painter, Jr., Ellis, Painter, Ratterree & Bart, LLP, Savannah, GA, Michael P. Winter, Richard Hays, Alston & Bird, LLP, Atlanta, GA, for Defendant.


EDENFIELD, District Judge.


Plaintiff Thomas R. Herndon proposes to bring a class action against The Equitable Life Assurance Society of the United States ("Equitable"),1 for contract breach, fraud, (etc.). Doc. # 22. Equitable moves to dismiss the case for failure to state a claim. Doc. # 3. Plaintiff moves to remand to State court, contending that this Court lacks subject matter...

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