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MILLER v. UP IN SMOKE, INC.

Cause No.: 1:09-CV-242.

738 F.Supp.2d 878 (2010)

John F. MILLER III, et al., Plaintiffs, v. UP IN SMOKE, INC., et al., Defendants.

United States District Court, N.D. Indiana, Fort Wayne Division.

September 8, 2010.

Attorney(s) appearing for the Case

Erik G. Chappell , Julie A. Douglas , Lyden Liebenthal & Chappell Ltd., Sylvania, OH, Jason M. Kuchmay , Federoff Law Firm LLP, Fort Wayne, IN, for Plaintiffs.

John W. Porter , John C. Theisen , Theisen Bowers & Associates LLC, Fort Wayne, IN, Jonathan O. Cress , Simmons-Brown & Cress PC, Linda M. Wagoner , Wagoner & Walz, Angola, IN, for Defendants.

OPINION AND ORDER

ROGER B. COSBEY, United States Magistrate Judge.

I. INTRODUCTION

The Plaintiff, John Miller, is a shareholder of Defendants Up In Smoke, Inc. ("Up In Smoke"), and CR Smoke, Inc. ("CR Smoke"). On August 25, 2009, Miller brought suit based on diversity jurisdiction and in his own name against Up In Smoke, CR Smoke, Fats Enterprises, LLC, Charlotte Rodriguez ("C. Rodriguez"), Rudy Rodriguez ("R. Rodriguez"), and Estep Accounting...

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