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ANTIOCH LITIGATION TRUST v. McDERMOT WILL & EMERY

Case No. 3:09-cv-218.

738 F.Supp.2d 758 (2010)

ANTIOCH LITIGATION TRUST, W. Timothy Miller. Trustee, Plaintiff, v. McDERMOT WILL & EMERY LLP, Defendant.

United States District Court, S.D. Ohio, Western Division.

August 27, 2010.

Attorney(s) appearing for the Case

Marcia Voorhis Andrew , Aaron Mark Herzig , Christina Leigh Fischer , Taft, Stettinius & Hollister LLP, Cincinnati, OH, for Plaintiff.

Charles Joseph Faruki , Jeffrey S. Sharkey , Faruki Ireland & Cox PLL, Dayton, OH, for Defendant.

ORDER THAT DEFENDANT'S MOTION TO DISMISS (Doc. 16) BE DENIED

TIMOTHY S. BLACK, District Judge.

This civil action is currently before the Court on Defendant's motion to dismiss (Doc. 16) and the parties' responsive memoranda (Docs. 18, 19).

Defendant McDermott Will & Emery LLP ("MWE") asserts three grounds for dismissal pursuant to Federal Rules of Civil Procedure 8(a) and 12(b)(6): (1) the Trust's claims are time-barred to the extent they arise...

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