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MASCO CONTRACTOR SERVICES EAST, INC. v. BEALS

No. 2:03cv422.

279 F.Supp.2d 699 (2003)

MASCO CONTRACTOR SERVICES EAST, INC., t/a Ayers Insulation, and t/a Davenport Insulation of Tidewater, Inc., Plaintiff, v. Jeffrey W. BEALS, Samuel G. Porter, and Tidewater Insulators, LLC, Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

August 28, 2003.

Attorney(s) appearing for the Case

Margaret M. Zwisler, Richard A. Ripley, Diane E. Bieri, Howrey, Simon, Arnold & White, LLP, Washington, DC, Kevin E. Martingayle, Stallings and Richardson PC, Virginia Beach, VA, Counsel for Plaintiff.

Allen J. Gordon, Chesapeake, VA, Counsel for Defendants.

OPINION AND ORDER

REBECCA BEACH SMITH, District Judge.

This matter is before the court on plaintiff's motion to dismiss defendant's counterclaims pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons set forth below, the motion is GRANTED.

I. Factual and Procedural History

Plaintiff Masco Contractor Services East, Inc. ("Masco East") provides insulation installation services in Virginia, North Carolina...

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