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TOOMEY v. WACHOVIA INS. SERVICES, INC.

No. 05-13242.

450 F.3d 1225 (2006)

Richard L. TOOMEY, Resident of Montgomery County, as an Individual and as an Assignee of IMC Mortgage Company, Brian D. Holman, Resident of Baltimore County, as an Individual and as an Assignee of IMC Mortgage Company, Plaintiffs-Appellees Cross-Appellants, v. WACHOVIA INSURANCE SERVICES, INC., Joel G. Williams, David Baldwin, Inc., a Division of Wachovia Insurance Services, Inc., Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 30, 2006.

Attorney(s) appearing for the Case

John H. Pelzer, Ruden, McClosky, Smith, Schuster & Russell, P.A., Ft. Lauderdale, FL, Donald A. Mihokovich, Ruden, McClosky, Smith, Schuster & Russell, P.A., Tampa, FL, for Defendants-Appellants Cross-Appellees.

James F. Hibey, Lisa K. Hsiao, Romeo S. Quinto, Jr., Howrey LLP, Washington, DC, for Plaintiffs-Appellees Cross-Appellants.

Before TJOFLAT, BARKETT and GOODWIN, Circuit Judges.

PER CURIAM:

In this diversity action, Wachovia Insurance Services, Inc., Davis Baldwin, Inc., a division of Wachovia Insurance Services, Inc., and Joel Williams, an officer/employee of Wachovia Insurance Services, Inc. (together "Wachovia"), appeal the $1,069,200 jury verdict in favor of Brian Holman and Richard Toomey for breach of a fiduciary duty owed by Wachovia to IMC Mortgage Company ("IMC"). In a previous settlement agreement between IMC and Holman and Toomey...

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