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MAY v. NATIONAL BANK OF COMMERCE

No. 03-2122 M1/P.

387 F.Supp.2d 770 (2004)

Max MAY, et al., Plaintiffs, v. NATIONAL BANK OF COMMERCE, a banking corporation organized under the laws of the United States of America, in its corporate capacity and as Trustee of the Memphis Equipment Company Employee Stock Ownership Plan, and Lawrence Scott, an individual resident of Cordova, Shelby County, Tennessee, Defendants.

United States District Court, W.D. Tennessee, Western Division.

October 21, 2004.

Attorney(s) appearing for the Case

John J. Heflin, III, Kenneth P. Jones, Bourland Heflin Alarez & Minor, Memphis, TN, for Plaintiffs.

Bobby M. Leatherman, Jr., Leatherman Law Office, Memphis, TN, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT

MCCALLA, District Judge.

Before the Court is Plaintiffs' Motion for Partial Summary Judgment, filed April 14, 2004.1 Defendant Lawrence Scott responded in opposition on May 20, 2004. Plaintiffs move for partial summary judgment as to liability for claims brought under Tennessee Law and the Employee Retirement Income Security...

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