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MURRAY v. CONSECO, INCORPORATED

No. 06-1124.

467 F.3d 602 (2006)

DENNIS E. MURRAY, SR. and JAMES D. MASSEY, Plaintiffs-Appellants v. CONSECO, INCORPORATED and CONSECO SERVICES, L.L.C., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 25, 2006.

BAUER, Circuit Judge.

Dennis E. Murray and James D. Massey filed a declaratory judgment action against Conseco, Incorporated and Conseco Services, L.L.C., alleging fraud and various violations of securities, banking, and tying laws. The defendants filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and also questioned the court's subject matter jurisdiction. The plaintiffs then filed a "notice of consent to dismiss" conceding that the court lacked jurisdiction...

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