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HOLLER v. CINEMARK USA, INC.

No. CIV.A. 01-CV-2528-KHV.

185 F.Supp.2d 1242 (2002)

James Bryan HOLLER, Plaintiff, v. CINEMARK USA, INC., Defendant.

United States District Court, D. Kansas.

February 4, 2002.

Attorney(s) appearing for the Case

J. Charles Droege, Overland Park, KS, for plaintiff.

Ryan E. Kariam, John G. Schultz, Franke & Schultz, Kansas City, MO, for defendant.

MEMORANDUM AND ORDER

VRATIL, District Judge.

James Bryan Holler brings suit against Cinemark USA, Inc. ("Cinemark") for negligence (Count I) and negligence per se (Count II). Cinemark moves to dismiss Count II pursuant to Rule 12(b)(6), Fed. R.Civ.P. This matter is before the Court on Defendant's Motion To Dismiss (Doc. # 4) filed November 13, 2001. For reasons set forth below, defendant's motion is sustained.

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