BISHOP v. GNC FRANCHISING LLC

No. 05CV0827.

403 F.Supp.2d 411 (2005)

Harold E. BISHOP, Patricia Bishop and Alternative Health Inc. Plaintiffs, v. GNC FRANCHISING LLC, General Nutrition Corp., General Nutrition Distribution Corp., and Apollo Management LP Defendants.

United States District Court, W.D. Pennsylvania.

December 1, 2005.


Attorney(s) appearing for the Case

Jeffrey M. Goldstein, Goldstein Law Group, Washington, DC, for Plaintiffs.

Curtis L. Frisbie, Jr., Randy D Gordon, Samuel E. Joyner, Gardere & Wynne, Dallas, TX, Gerald J. Stubenhofer, Gordon W. Schmidt, McGuire Woods, Pittsburgh, PA, for Defendants.


MEMORANDUM OPINION

SCHWAB, District Judge.

I. Introduction

Defendants have filed a motion to dismiss (document no. 9) all counts of plaintiffs' first amended complaint. After careful consideration of defendants' motion and plaintiffs' response, and their respective memoranda of law, this Court will grant in part and deny in part defendants' motion to dismiss.

II. Statement of Facts

According to their amended complaint, plaintiffs...

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