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  5. 198 F.Supp.2d 807 (2002)
 

SOUTHERN STATES COOPERATIVE INC. v. I.S.P. CO.

No. Civ.A.1:01CV31.

198 F.Supp.2d 807 (2002)

SOUTHERN STATES COOPERATIVE INCORPORATED, a Virginia corporation, Plaintiff, v. I.S.P. COMPANY, INC., a West Virginia corporation; Steven J. Garvin, as President of I.S.P. Co. and Individually; and Diane E. Garvin, as a representative of I.S.P. Co. and Individually, Defendants.

United States District Court, N.D. West Virginia.

March 19, 2002.

Attorney(s) appearing for the Case

G. Thomas Smith, David C. Glover, Waters, Warner & Harris, Clarksburg, WV, for plaintiff.

Steven J. Garvin, pro se.

ORDER GRANTING-IN-PART AND DENYING-IN-PART PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIM

KEELEY, District Judge.

On February 28, 2002, the Court conducted a hearing regarding Southern States Cooperative, Incorporated's ("Southern States") motion to dismiss the defendants' counterclaim for failure to state a claim pursuant to F.R.Civ.P. 12(b)(6). Southern States appeared by its attorney and the defendants, Steven Garvin and Diane Garvin ("the...

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