Legal Opinion
Fenton v. Balick
District Court, E.D. Pennsylvania
Decided November 3, 2011No. Civil Action No. 11-5085PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM
PADOVA, District Judge.
This is a state law action for conversion and replevin regarding the ownership of an Andy Warhol painting. Defendant has filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the Motion is denied.
I. FACTS
The Complaint alleges the following facts. Robert Fenton (“Robert”) is the trustee of the Fenton Family Trust (“the Trust”), which was created by Robert and his late wife Joyce Balick Fenton, also known as “Shaindy” Fenton. (Compl. ¶¶ 1, 5.) Defendant Neil Balick is Shaindy Fenton’s brother. (Id. ¶ 8.)
The…
2Cases cited35 opinions
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- Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
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