Van Kampen appeals Byron's dismissal denial

Steve Korris Jul. 3, 2008, 1:50am


Van Kampen Investment Advisory Corporation has asked Madison County Circuit Judge Nicholas Byron to seek appellate review of a May 20 order that denied the mutual fund's motion to dismiss a class action suit.

Byron's order granted plaintiff attorney Stephen Tillery an opportunity to prove that shareholders of mutual funds own the assets of mutual funds.

Van Kampen attorney Jack Carey of Belleville moved June 26 for a statement permitting interlocutory appeal at the Fifth District in Mount Vernon.

Rather than raise the point of shareholder interest, Carey argued that Circuit Judge Barbara Crowder recently certified an appeal in a similar Tillery suit.

Carey proposed that Byron ask the Fifth District the same questions Crowder asked.

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