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DURANT v. SERVICEMASTER CO.

No. Civ. 01-40007.

159 F.Supp.2d 977 (2001)

Dale DURANT and Deborah Durant, individually and in a representative capacity, Plaintiffs, v. SERVICEMASTER CO., TruGreen, Inc., and TruGreen Ltd. P'ship, Defendants.

United States District Court, E.D. Michigan, Southern Division.

September 5, 2001.

Attorney(s) appearing for the Case

Gregory D. Hanley, Timothy O. McMahon, Stephen Wasinger, Wasinger, Kickham, Royal Oak, MI, for Plaintiff.

S. Thomas Wienner, Feeney, Kellett, Bloomfield Hills, MI, for Defendant.

OPINION AND ORDER

GADOLA, District Judge.

Before the Court is Defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) [docket entry 22]. Pursuant to Local Rule 7.1(e), the Court concludes that a hearing would not aid in the disposition of this motion. For the reasons set forth below, the Court will deny in part and grant in part Defendants' motion.

I BACKGROUND

Plaintiffs filed their first amended complaint...

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