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OPTEUM FINANCIAL SERVICES, LLC v. SPAIN

No. Civ.A. 105CV02073MHS.

406 F.Supp.2d 1378 (2005)

OPTEUM FINANCIAL SERVICES, LLC, f/k/a Homestar Mortgage Services, LLC, Plaintiff, v. Keith SPAIN and Market Street Mortgage Corporation, Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

December 9, 2005.

Attorney(s) appearing for the Case

Thomas G. Tidwell, Kasowitz Benson Torres & Friedman, Atlanta, GA, Frank Welzer, John K. Crossman, Zukerman, Gore & Brandeis, LLP, New York City, for Plaintiff.

C. Andrew Head, Crowley & Clarida, Susan W. Housen, Nicole A. Richardson, Tiffani Z. Moody, Holland & Knight, Atlanta, GA, for Defendants.

ORDER

SHOOB, Senior District Judge.

Presently before the Court are defendant Market Street Mortgage Corporation's and defendant Keith Spain's motions for partial judgment on the pleadings. The Court's reasoning and conclusions are set forth below.

Background

Beginning on or around May 1, 2003, defendant Keith Spain ("Spain") was employed by plaintiff Opteum Financial Services...

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