From W&W Steel, LLC v. BSC Steel, Inc., 2012 U.S. Dist. LEXIS 69432 (D. Kan. May 18, 2012):
Footnote 14. See D&K Ventures, LLC v. MGC, LLC, No. 09-2084, 2009 WL 1505539, at *8 (D. Kan. May 27, 2009) (recognizing a circuit split with regard to whether Rule 9(b) applies to negligent misrepresentation claims and noting the Tenth Circuit had not yet addressed the issue).
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