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EBERLY v. OPTIMUM NUTRITION, INC.

No. 3:06 CV 1487.

562 F.Supp.2d 956 (2008)

Michael William EBERLY, etc., Plaintiff, v. OPTIMUM NUTRITION, INC., et al., Defendant.

United States District Court, N.D. Ohio, Western Division.

June 25, 2008.

Attorney(s) appearing for the Case

Garnetta P. Wylie, John T. Murray, Leslie 0. Murray, Murray & Murray, Sandusky, OH, for Plaintiff.

James R. Knepp, II, Thomas J. Antonini, Robison, Curphey & O'Connell, Toledo, OH, Matthew R. Rechner, Michael L. Snyder, Tyler L. Mathews, McDonald Hopkins, Cleveland, OH, for Defendants.

MEMORANDUM OPINION

KATZ, District Judge.

This matter is before the Court on motions for summary judgment by the defendants (Doc. 96, 100) and the plaintiff (Doc. 108). This Court has jurisdiction pursuant to 28 U.S.C. § 1332.

I. Background

On December 5, 1994, Michael William Eberly d/b/a American Body Builders, Inc. a/k/a American Body Building Products of Ohio ("Plaintiff) entered...

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