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IN RE DONAHUE SECURITIES, INC.

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

318 B.R. 667 (2004)

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 7, 2004.

Attorney(s) appearing for the Case

Frederick J McGavran, Gerald L. Baldwin, Cincinnati, OH, for Douglas L. Lutz, Plaintiff.

Ryan C. Edwards, Cincinnati, OH, for Michelle Schumacher, Richard Chitwood, Sharyn Lynn Mayer, Defendants.

MEMORANDUM DECISION GRANTING DEFENDANTS' MOTION TO DISMISS CLAIMS FOR NEGLIGENCE, BREACH OF FIDUCIARY DUTY AND NEGLIGENT SUPERVISION ASSERTED BY SIPC

JEFFERY P. HOPKINS, Bankruptcy Judge.

This adversary proceeding arises under the Securities Investor Protection Act of 1970 ("SIPA") following the consolidated liquidation of Donahue Securities, Inc. ("DSI") and S.G. Donahue & Company, Inc. ("SGD"). See 15 U.S.C. § 78aaa, et seq...

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