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OAKLEY v. MAY DEPT. STORES CO.

No. 2:98cv600.

17 F.Supp.2d 533 (1998)

Donna M. OAKLEY, Plaintiff, v. THE MAY DEPARTMENT STORES COMPANY, t/a Hecht's, and Robert Wade, Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

September 25, 1998.

Attorney(s) appearing for the Case

William D. Breit, Billy Breit & Associates, PC, Crestar Bank Building, Chesapeake, VA, for Plaintiff.

Robert W. McFarland, McGuire, Woods, Battle & Boothe, Norfolk, Betty T. Tierney, May Department Stores Company, Office of Legal Counsel, St. Louis, MO, for Defendants.

OPINION AND ORDER

REBECCA BEACH SMITH, District Judge.

This matter comes before the court on defendants' motion to dismiss Count III of plaintiff's four-count complaint for failure to state a cause of action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth below, defendants' motion to dismiss is GRANTED.

I. Factual and Procedural History

On May 26, 1998, plaintiff, Donna...

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