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PEACEABLE PLANET, INC. v. TY, INC.

No. 01 C 7350.

185 F.Supp.2d 893 (2002)

PEACEABLE PLANET, INC., a Georgia Corporation, Plaintiff, v. TY, INC., a Delaware Corporation and H. Ty Warner, an Individual Illinois Resident, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

January 18, 2002.

Attorney(s) appearing for the Case

Marc Scott Cooperman, Charles W. Shifley, Scott Allan Burow, Banner & Witcoff, Ltd., Chicago, IL, for plaintiff.

James Patrick White, Laurie Ann Haynie, John Aron Carnahan, Welsh & Katz, Ltd., Chicago, IL, Edward B. Ruff, III, William W. Elinski, Pretzel & Stouffer, Chtd., Chicago, IL, for defendants.

MEMORANDUM OPINION AND ORDER

DARRAH, District Judge.

Defendant, H. Ty Warner, moves, pursuant to Federal Rule of Civil Procedure 12(b)(6), to dismiss Plaintiff's, Peaceable Planet, Inc.'s, complaint. For the reasons set forth below, Warner's Motion to Dismiss [14-1] is denied.

LEGAL STANDARD

When considering a motion to dismiss, well-pleaded allegations in the complaint are accepted as true. Turner/Ozanne v. Hyman/Power...

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