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NELSON v. FORMED FIBER TECHNOLOGIES, INC.

No. 2:10-cv-00473-GZS.

812 F.Supp.2d 17 (2011)

Steven NELSON, on behalf of himself and all others similarly situated, Plaintiff, v. FORMED FIBER TECHNOLOGIES, INC., Defendant.

United States District Court, D. Maine.

September 7, 2011.

Attorney(s) appearing for the Case

Jeffrey Neil Young, McTeague, Higbee, Case, Cohen, Whitney & Toker, P.A., Topsham, ME, for Plaintiff.

Daniel A. Nuzzi, Brann & Isaacson, Lewiston, ME, for Defendant.

ORDER ON MOTION TO DISMISS

GEORGE Z. SINGAL, District Judge.

Before the Court is Defendant's Motion to Dismiss (Docket # 8) Count II of Plaintiff's Complaint. As explained herein, the Court GRANTS the motion and DISMISSES Count II of Plaintiff's Complaint.

I. LEGAL STANDARD

A motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) tests the "legal sufficiency" of a complaint. Gomes v. Univ. of Me...

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