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ROACH MFG. CORP. v. NORTHSTAR INDUSTRIES, INC.

Case No. 3:09-CV-00029 BSM.

630 F.Supp.2d 1004 (2009)

ROACH MANUFACTURING CORP.; Aftersort, Inc.; Charlie Parks; Gary Carter; John Jaynes; and Joe Moody, Plaintiffs v. NORTHSTAR INDUSTRIES, INC.; Best Diversified Products, Inc.; Mark Haustein, Defendants.

United States District Court, E.D. Arkansas, Jonesboro Division.

June 26, 2009.

Attorney(s) appearing for the Case

Christopher Aaron Averitt, Scholtens & Averitt PLC, Tony L. Wilcox, Wilcox Parker Hurst Lancaster & Lacy, Jonesboro, AR, for Plaintiffs.

Jim Lyons, Lyons, Emerson & Cone, PLC, Jonesboro, AR, for Defendants.

ORDER

BRIAN S. MILLER, District Judge.

Defendants' motion to dismiss is denied.

I. MOTION TO DISMISS STANDARD

"Dismissal is proper where the plaintiffs' complaint fails to state a claim upon which relief can be granted." Schaaf v. Residential Funding Corp., 517 F.3d 544, 549 (8th Cir.2008) (citing Fed.R.Civ.P. 12(b)(6)). Accepting as true all of the factual allegations contained in the complaint...

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