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JEWELL v. REID'S CONFECTIONARY CO.

No. CIV. 01-119-B-S.

172 F.Supp.2d 212 (2001)

Carl JEWELL, Plaintiff, v. REID'S CONFECTIONARY COMPANY, Defendant.

United States District Court, D. Maine.

November 21, 2001.

Attorney(s) appearing for the Case

Mark K. McDonough, Esq., Cuddy & Lanham, Bangor, for Carl Jewell, plaintiffs.

Frederick B. Finberg, Bennett, Bennett & Troiano, P.A., Portland, for Reids Confectionery Company, defendants.

ORDER

SINGAL, District Judge.

Defendant moved to dismiss Plaintiff's Complaint pursuant to Rule 12(b)(6) for failure to state a claim upon which relief can be granted. For the reasons stated below, the Court GRANTS IN PART and DENIES IN PART Defendant's Motion.

I. STANDARD OF REVIEW

The Court will dismiss a complaint only if it appears that the plaintiff cannot recover on any viable theory. See, e.g., Blackstone Realty LLC v. F.D.I.C...

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