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BAKER v. ELAM

Civil Action No. 3:12cv393-JAG.

883 F.Supp.2d 576 (2012)

Chad BAKER, Plaintiff, v. Carlton N. ELAM, and Elam Animal Hospital and Reproductive Center, Defendants.

United States District Court, E.D. Virginia, Richmond Division.

July 24, 2012.

Attorney(s) appearing for the Case

George Everitt Kostel, Nelson Mullins Riley & Scarborough LLP, Washington, DC, for Plaintiff.

Janeen Beth Koch, Kalbaugh Pfund & Messersmith PC, Brendan David O'Toole, William Delaney Bayliss, Williams Mullen, Richmond, VA, for Defendants.

MEMORANDUM OPINION

JOHN A. GIBNEY, JR., District Judge.

This matter is before the Court on the defendants' motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). The plaintiff's complaint (the "Complaint") alleges six counts: (1) Breach of Implied Contract, (2) Veterinary Malpractice, (3) Negligent Misrepresentation, (4) violation of the Virginia Consumer Protection Act ("VCPA"), (5) Breach of Bailment Duty, and (6) Constructive...

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