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MELLOT v. CHOICEPOINT, INC.

Civil Case No. 1:05-CV-1340-JTC.

561 F.Supp.2d 1305 (2007)

Curtis R. MELLOT, individually and on behalf of all others similarly situated, Plaintiff, v. CHOICEPOINT, INC.; Choicepoint Inc. Group Benefits Committee; Compensation and Benefits Committee; Terrence Murray; John J. Hamre; John B. McCoy; Bonnie G. Hill; Steven W. Surbaugh; John H. Karr; and John Does 1-50, Defendants.

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

March 6, 2007.

Attorney(s) appearing for the Case

Kenneth J. Vianale, Vianale & Vianale, Boca Raton, FL, Lisa T. Millican, Greenfield Millican, P.C., Atlanta, GA, Ronen Sarraf, Sarraf Gentile LLP, Thomas J. McKenna, Gainey & McKenna, New York, NY, for Plaintiff.

Peter Marshall Varney, Lowe's Company, Inc., Mooresville, NC, Sean Kenneth McMahan, Howard Douglas Hinson, Leslie Maddox Bassett, Alston & Bird, LLP, Atlanta, GA, for Defendants.

ORDER

JACK T. CAMP, District Judge.

This matter is currently before the Court on Defendants' motions to dismiss Plaintiffs Amended Complaint [# 33, 34]. For the reasons below, Defendants' motions are GRANTED.

I. Background

Plaintiff brings this case as a class action1 under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., in which Plaintiff...

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