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EVANS v. PEARSON ENTERPRISES, INC.

No. 04-2229.

434 F.3d 839 (2006)

Jane P. EVANS, Plaintiff-Appellant, v. PEARSON ENTERPRISES, INCORPORATED, a Michigan Corporation; Ervin Industries, Incorporated, a Michigan Corporation; Bank One Trust Company N.A.; Bank One National Association; John Pearson, an individual; James Meretta, an individual, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 19, 2006.

Attorney(s) appearing for the Case

ARGUED: Dominic J. Campisi, Evans, Latham & Campisi, San Francisco, California, for Appellant. I.W. Winsten, Honigman, Miller, Schwartz & Cohn, Detroit, Michigan, for Appellees. ON BRIEF: Dominic J. Campisi, Evans, Latham & Campisi, San Francisco, California, Donald J. Gasiorek, James N. McNally, Sommers, Schwartz, Silver & Schwartz, Southfield, Michigan, for Appellant. I.W. Winsten, Honigman, Miller, Schwartz & Cohn, Detroit, Michigan, Bruce T. Wallace, Susan T. Cannell, Hooper, Hathaway, Price, Beuche & Wallace, Ann Arbor, Michigan, for Appellees.

Before: SILER, CLAY, and ROGERS, Circuit Judges.

ROGERS, J., delivered the opinion of the court, in which SILER, J., joined.

CLAY, J. (pp. 854-857), delivered a separate concurring opinion.

OPINION

ROGERS, Circuit Judge.

This diversity action concerns claims for breach of trust, shareholder oppression, and common-law fraud and misrepresentation as governed by Michigan law. It also presents an interesting federal question as to the breadth of the "probate exception" to federal jurisdiction...

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