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SMITH v. CORNING INC.

No. 06 CV 6516 CJS.

496 F.Supp.2d 244 (2007)

David E. SMITH, Plaintiff, v. CORNING INCORPORATED, and D'Ann Grell, Defendants.

United States District Court, W.D. New York.

July 9, 2007.

Attorney(s) appearing for the Case

Patrick J. Boyd, Esq., The Boyd Law Group PLLC, New York, for the Plaintiff.

Carolyn G. Nussbaum, Esq., Nixon Peabody LLP, Rochester, for the Defendants.

DECISION AND ORDER

SIRAGUSA, District Judge.

INTRODUCTION

This is an action brought pursuant to the "whistleblower" anti-retaliation provision of the Sarbanes-Oxley Act of 2002 ("the Act"), 18 U.S.C. § 1514A(a)(1). Now before the Court is defendant Corning Incorporated's ("Corning") motion [# 4] to dismiss the complaint pursuant to Federal Rule of Civil Procedure ("FRCP") 12(b)(6). For the reasons that follow, the application is denied.

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