John Dudenhoefer, et al v. Fifth Third Bancorp, et al


OPINION and JUDGMENT filed: judgment of the district court dismissing the Amended Complaint is REVERSED and case is REMANDED, decision for publication pursuant to local rule 206. Deborah L. Cook, Jane Branstetter Stranch (AUTHORING), Circuit Judges and David M. Lawson, U.S. District Judge for the E. D. of MI.

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Case: 11-3012 Document: 006111421638 Filed: 09/05/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 11-3012 FILED JOHN DUDENHOEFER, on behalf of himself and all others similarly situated; ALIREZA PARTOVIPANAH, Plaintiffs - Appellees, Sep 05, 2012 DEBORAH S. HUNT, Clerk v. FIFTH THIRD BANCORP; KEVIN T. KABAT; PAUL L. REYNOLDS; THE PENSION AND PROFIT SHARING COMMITTEE; NANCY PHILLIPS; GREG CARMICHAEL; ROBERT SULLIVAN; MARY TUUK; JOHN DOES 1–20, Defendants - Appellees. Before: COOK and STRANCH, Circuit Judges; LAWSON, District Judge. JUDGMENT On Appeal from the United States District Court for the Southern District of Ohio at Cincinnati. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the judgment of the district court dismissing the Amended Complaint is REVERSED, and the case is REMANDED for further proceedings consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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