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VINE STREET LLC v. KEELING

No. 6:03 CV 223.

362 F.Supp.2d 754 (2005)

VINE STREET LLC Plaintiff v. James R. KEELING, As Independent Executor of the Estate of David Bart Keeling, Sr., Deceased; et al. Defendants

United States District Court, E.D. Texas, Tyler Division.

March 24, 2005.

Attorney(s) appearing for the Case

Robert Scott Davis of Flowers, Davis, Tyler, for Plaintiffs.

Kenneth Carl Baker, of Baker & Patterson Houston, Stephen J. Valen of Filice, Brown, Eassa & McLeod, Oakland, Jonathan Burton Shoebotham of Thompson & Knight, Houston, E. Paul Cauley, Jr., Elizabeth Weathers of Sedgwick Detert, Moran & Arnold, Dallas, Charles Homer Clark of Clark, Lea & Ainsworth, Tyler, E. Paul Cauley, Jr., Elizabeth Weathers and Michael C. Diksa of Sedgwick, Detert, Moran & Arnold, Dallas, for Defendants Borg Warner Corp., Dow Chemical Co., Dow Chemical Corp., Fedders Corp., James R. Keeling, Maytag Corp.

MEMORANDUM OPINION AND ORDER

DAVIS, District Judge.

Before the Court is Defendant The Dow Chemical Company's ("Dow") Motion to Dismiss (Docket No. 181) Plaintiff's Sixth Amended Complaint, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state a claim upon which relief can be granted. For the reasons set forth below, the Court GRANTS in part and DENIES in part the motion.

BACKGROUND...

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