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Carle allowed the breach of fiduciary duty claim to continue because the plaintiffs alleged without offering any evidence that the employer improperly retained the proceeds of the tobacco surcharge in its own general assets, rather than depositing them in a trust account (which is not required)

Meanwhile, about 25 percent of those who havent graduated high school smoke

2ATS Lot 10.1 Where a 2ATS Lot is offered for sale and is unsold the Seller may advise the Company that the Seller wishes to collect the 2ATS Lot and shall arrange for its collection from the Premises within five (5) days of the initial Auction

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