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BURGETT v. BFI WASTE SYSTEMS OF NORTH AMERICA, INC.

No. 1:04-CV-642.

328 F.Supp.2d 769 (2004)

Amy BURGETT Plaintiff v. BFI WASTE SYSTEMS OF NORTH AMERICA, INC., et al. Defendants

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

May 12, 2004.

Attorney(s) appearing for the Case

Daina B. VanDervort, Esq., Jeffrey H. Friedman, Esq., Friedman, Domiano & Smith, Cleveland, OH, for Plaintiff.

Melanie L. Webber, Esq., Richard A. Millisor, Esq., Millisor & Nobil, Cleveland, OH, for Defendants.

MEMORANDUM OF OPINION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS

WELLS, District Judge.

Before the Court is defendant BFI Waste Systems of North America, Inc.'s ("BFI") motion to dismiss count two of plaintiff's complaints, pursuant to Fed.R.Civ.P. 12(b)(6), for the failure to state a claim upon which relief can be granted. (Docket # 5 and # 6). No opposition brief was filed by plaintiff Amy Burgett.

For the reasons set forth below, defendant...

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