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DUZICH v. ADVANTAGE FINANCE CORP.

No. 04-40458.

395 F.3d 527 (2004)

Marion DUZICH; Seafood Marketing, Inc.; Gulfway Seafoods, Inc.; Galveston Harbour Properties, Inc.; Island Time Property Co.; Island Spice & Tea Co.; Southeast Packing Co.; Fish Tales, Inc.; The Spot in the Village; and Waterman International, Inc., Plaintiffs-Appellants, v. ADVANTAGE FINANCE CORP.; et al., Defendants, The CIT Group/Commercial Services, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 29, 2004.

Attorney(s) appearing for the Case

Laura Botts Rowe, John Jason Deis, Taylor M. Hicks, Hicks, Thomas & Lilienstern, Houston, TX, George William Vie, III (argued), Mills Shirley, Galveston, TX, for Plaintiffs-Appellants.

Michael Scott Forshey (argued), Constance Rose Ariagno (argued), Patton Boggs, Dallas, TX, for Defendant-Appellee.

Before GARZA, DeMOSS and STEWART, Circuit Judges.

PER CURIAM:

Plaintiffs-Appellants Marion Duzich, et al. (together, "Duzich") appeal the district court's grant of the Rule 12(b)(6) motion to dismiss filed by Defendants-Appellees Advantage Financial Group, et al. (together, "CIT"). Duzich also appeals the district court's denial of Duzich's motion for leave to file a second amended complaint. We AFFIRM.

BACKGROUND

In September 2000 CIT filed the underlying prosecution against Duzich...

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