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WHALEN v. STRYKER CORP.

Civil Action No. 10-391-KSF.

783 F.Supp.2d 977 (2011)

Cheryl WHALEN, Plaintiff v. STRYKER CORPORATION and Stryker Sales Corp., Defendants.

United States District Court, E.D. Kentucky, Central Division at Lexington.

March 8, 2011.

Attorney(s) appearing for the Case

Brian S. Katz, Law Office of Brian S. Katz, Paducah, KY, Christopher Spain, Michael E. Pierce, Arnold & Itkin, Houston, TX, for Plaintiff.

Donna L. Roberts, Stites & Harbison, PLLC, Nashville, TN, Robert M. Connolly, Stites & Harbison, PLLC, Louisville, KY, for Defendants.

OPINION & ORDER

KARL S. FORESTER, Senior District Judge.

Currently before the Court is the motion of the defendants, Stryker Corporation and Stryker Sales Corporation (collectively "Stryker"), to dismiss the plaintiff's complaint for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. This motion is fully briefed and is ripe for review.

I. FACTUAL AND PROCEDURAL BACKGROUND...

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