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MIDGLEY v. RAYROCK MINES, INC.

No. CIV. 03-1374 JB/LCS.

374 F.Supp.2d 1039 (2005)

Bill L. MIDGLEY, Plaintiff, v. RAYROCK MINES, INC., Glamis Gold, Inc., Aetna Financial Services, a Division of Aetna Life Insurance and Annuity Company, Defendants.

United States District Court, D. New Mexico.

June 1, 2005.

Attorney(s) appearing for the Case

Jeffrey B. Diamond, Bill E. Dials, Jeff Diamond Law Firm, Carlsbad, NM, for Plaintiff.

Leonard J. Piazza, Jeffrey B. Diamond, Anita X. Tellez, Sandenaw & Piazza, P.C., Las Cruces, NM, for Defendant Aetna Financial Services.

MEMORANDUM OPINION

BROWNING, District Judge.

THIS MATTER came before the Court on Defendant ING's Motion to Dismiss, filed March 25, 2004 (Doc. 10).1 The primary issues were whether Plaintiff Bill L. Midgley had actual knowledge of the alleged breach of fiduciary duty within three years of filing his Complaint and whether he has met the pleading standards...

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