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COHEN v. NORTHWESTERN GROWTH CORP.

No. Civ. 04-4043.

385 F.Supp.2d 935 (2005)

Brad COHEN; Wilson Dolde; Charles R. Durham; Harvey Everest; Duane Floyd; Linda Rafferty; Wells Richards; Samuel Sklaroff; Waren Soberg; and Curt S. Tomlinson, Plaintiffs, v. NORTHWESTERN GROWTH CORPORATION; Exp@nets, Inc., f/k/a Communications Systems USA, Inc., n/k/a Netexit, Inc.; Merle D. Lewis; Richard Hylland; Daniel K. Newell; and Avaya, Inc., Defendants.

United States District Court, D. South Dakota, Southern Division.

August 19, 2005.

Attorney(s) appearing for the Case

Curtis D. Smith, Moss & Barnett, Minneapolis, MN, John Patrick Peterson, Johnson, Eklund, Nicholson & Peterson, Sioux Falls, SD, for Plaintiffs.

Christopher Wayne Madsen, Thomas John Welk, Boyce Greenfield Pashby & Welk, LLP, Sioux Falls, SD, Ellen E. Bonacorsi, Louis F. Bonacorsi, Bryan Cave, LLP, St. Louis, MO, for Defendants.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

Pending before the Court are Northwestern Growth Corporation's Motion to Dismiss, Doc. 41, Merle D. Lewis and Daniel K. Newell's Motion to Dismiss, Doc. 36 and Richard Hylland's Motion to Dismiss, Doc. 44. Avaya, Inc., filed a joinder in the motions to dismiss, Doc. 51. Defendants have also filed a Request for Judicial Notice, Doc. 38, in support of their motions...

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