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MCALLISTER TOWING & TRANS. CO. INC. v. THORN'S DIESEL SERVICE

No. Civ.A. 00A1618-N.

131 F.Supp.2d 1296 (2001)

MCALLISTER TOWING & TRANSPORTATION COMPANY, INC., Plaintiff, v. THORN'S DIESEL SERVICE, INC., and Rex Thorn, Defendants.

United States District Court, M.D. Alabama, Northern Division.

February 13, 2001.

Attorney(s) appearing for the Case

J. Stephen Simms, Steven S. McCloskey, Baltimore, MD, for plaintiff.

Richard A. Lawrence, Montgomery, AL, for defendant.

MEMORANDUM OPINION AND ORDER

ALBRITTON, Chief Judge.

I. INTRODUCTION

This matter comes before the court on a Motion to Dismiss (doc. # 6) filed by Defendant Thorn's Diesel Service, Inc. ("Thorn's Diesel") on December 20, 2000. Plaintiff McAllister Towing & Transportation Company, Inc. ("Plaintiff") filed the instant suit on November 22, 2000, against Thorn's Diesel and Rex Thorn ("Thorn" or collectively "Defendants...

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