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STINSON v. AMERICAN STERILIZER CO.

Civ. A. No. 89-D-618-N.

724 F.Supp. 868 (1989)

Louis STINSON, Plaintiff v. AMERICAN STERILIZER COMPANY, et al., Defendants.

United States District Court, M.D. Alabama, N.D.

September 19, 1989.

Attorney(s) appearing for the Case

Stephen X. Munger, Jay D. Milone, Jackson, Lewis, Schnitzler & Krupman, Atlanta, Ga., for defendant American Sterilizer Co.

Jim L. DeBardelaben, McPhillips, DeBardelaben & Hawthorne, Montgomery, Ala., for plaintiff Louis Stinson.

MEMORANDUM OPINION

DUBINA, District Judge.

I. Introduction

This cause is presently before the court on the defendants' motion to dismiss count one of the plaintiff's complaint, filed herein on July 11, 1989. Each side has submitted memorandum briefs outlining its respective position.1

On June 7, 1989, the plaintiff, Louis Stinson ("Stinson"), filed a three count complaint in the Circuit Court of Montgomery...

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