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TURNPIKE FORD, INC. v. FORD MOTOR CO.

No. 2:05 CV 00398.

415 F.Supp.2d 666 (2006)

TURNPIKE FORD, INC., Plaintiff, v. FORD MOTOR COMPANY and FORD MOTOR CREDIT COMPANY, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

February 22, 2006.

Attorney(s) appearing for the Case

John K. Cecil, The Tinney Law Firm, John H. Tinney, Jr., The Tinney Law Firm, Kimberly R. Fields, The Tinney Law Firm, Charleston, WV, for Plaintiff.

Carla W. McMillian, Sutherland Asbill & Brennan, Atlanta, GA, Richard D. Jones, Flaherty Sensabaugh & Bonasso, Charleston, WV, Suzanne M. Alford, Sutherland Asbill & Brennan, Thomas W. Curvin, Sutherland Asbill & Brennan, Atlanta, GA, for Defendants.

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

Pending before the court is a motion to dismiss [Docket 9] filed by Ford Motor Credit Company ("Ford Credit"). Ford Credit claims the plaintiff's Complaint fails to state a claim upon which relief may be granted pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons explained herein, the court DENIES Ford Credit's motion.

I. Motion To Dismiss Standard...

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