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VANDER WAL v. SYKES ENTERPRISES, INC.

No. A1-04-49.

327 F.Supp.2d 1075 (2004)

Ron VANDER WAL, Plaintiff, v. SYKES ENTERPRISES, INCORPORATED, Cassie Thompson, and John and Mary Does 01-10, Defendants.

United States District Court, D. North Dakota, Southwestern Division.

July 22, 2004.

Attorney(s) appearing for the Case

John J. Gosbee, Mandan, ND, for Plaintiff.

John W. Morrison, Jr., Shane A. Hanson, Fleck, Mather & Strutz, Ltd., Bismarck, ND, for Defendants.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS

HOVLAND, Chief Judge.

Before the Court is Defendant Sykes Enterprises, Incorporated's, and Defendant Cassie Thompson's Motion to Dismiss filed on May 18, 2004. The motion is filed pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth below, the motion is denied.

I. BACKGROUND

The parties agree the following facts are undisputed. The plaintiff...

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