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CARTER EX REL. CNO FINANCIAL v. HILLIARD

No. 49A02-1106-PL-582.

970 N.E.2d 735 (2012)

William T. CARTER, derivatively on behalf of CNO FINANCIAL GROUP, Inc., Appellant-Plaintiff, v. R. Glenn HILLIARD, et al., Appellees-Defendants.

Court of Appeals of Indiana.

June 22, 2012.

Attorney(s) appearing for the Case

Richard E. Shevitz , Scott D. Gilchrist , Cohen & Malad LLP, Indianapolis, IN, Attorneys for Appellant.

Joseph H. Yeager, Jr. , Matthew T. Albaugh , Baker & Daniels LLP, Indianapolis, IN, Walter C. Carlson , Kristen R. Seeger , Sidley Austin LLP, Chicago, IL, Attorneys for Appellees.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

William T. Carter, derivatively on behalf of CNO Financial Group, Inc. ("CNO" or "the Company"), formerly known as Conseco, Inc. ("Conseco," where applicable), filed a complaint and later an amended complaint ("Amended Complaint") against R. Glenn Hilliard, Donna A. James, R. Keith Long, Debra J. Perry, C. James Prieur, Neal C. Schneider, Michael T. Tokarz,

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