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BOWER v. INTERNATIONAL BUSINESS MACHINES, INC.

No. 3:03CV262.

495 F.Supp.2d 837 (2007)

Anthony BOWER and Jeff Leake, Plaintiffs, v. INTERNATIONAL BUSINESS MACHINES, INC., Defendant.

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

July 5, 2007.

Attorney(s) appearing for the Case

Calvin S. Tregre, Jr., Janet Gilligan Abaray, Lopez Hodes Restaino Milman & Skikos, Cincinnati, OH, for Plaintiffs.

Bryant L. Brewer, Ted Thomas Martin, Baker & Hostetler LLP, Cincinnati, OH, for Defendant.

DECISION AND ENTRY OVERRULING IN PART AND SUSTAINING IN PART DEFENDANT'S MOTION TO DISMISS THE PLAINTIFFS COMPLAINT FOR FAILURE TO STATE CLAIMS UPON WHICH RELIEF CAN BE GRANTED (DOC. # 6); PLAINTIFFS GIVEN LEAVE TO FILE AN AMENDED COMPLAINT AS TO CLASS CLAIMS IN COUNT ONE WITHIN STATED PERIOD OF TIME

RICE, District Judge.

This matter is before the Court on the Defendant's Motion to Dismiss the Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief...

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