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ULMER v. HOME DEPOT, INC.

No. CIV.A. 06-459-JJF.

471 F.Supp.2d 474 (2007)

Wesley ULMER, Plaintiff, v. The HOME DEPOT, INC., Defendant.

United States District Court, D. Delaware.

January 26, 2007.

Attorney(s) appearing for the Case

R. Stokes Nolte, Esquire of R. Stokes Nolte, Wilmington, DE, for Plaintiff.

Grace E. Speights, Esquire and Richard W. Black, Esquire of Morgan, Lewis & Bockius LLP, Washington, DC, David H. Williams, Esquire of Morris, James, Hitchens & Williams LLP, for Defendant.

MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court is Defendant's Motion To Dismiss Plaintiffs Complaint For Failure To State A Claim (D.I. 6). For the reasons discussed, Defendant's Motion will be granted.

BACKGROUND

Plaintiff initially filed the instant action in the Delaware Superior Court. Thereafter, Defendants filed a Notice of Removal on the basis of diversity of citizenship.

By his Complaint, Plaintiff...

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