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QUARTANA v. UTTERBACK

No. 85-286C(B).

609 F.Supp. 72 (1985)

Barbara QUARTANA, Plaintiff, v. John D. UTTERBACK, d/b/a All Star Dairy Association, Inc., Defendant.

United States District Court, E.D. Missouri, E.D.

February 25, 1985.

Attorney(s) appearing for the Case

Terry Bond, Kaveny, Beach, Russell, Bond & Mittleman, Clayton, Mo., for plaintiff.

Richard Scherrer, Wilbur Tomlinson, Armstrong, Teasdale, Kramer & Vaughn, St. Louis, Mo., for defendant.

MEMORANDUM AND ORDER

REGAN, District Judge.

In this action seeking actual and punitive damages for allegedly libelous statements in a letter addressed to plaintiff's employer, defendant has moved under Rule 12(b)(6) to dismiss the complaint for failure to state a claim for relief.

A 12(b)(6) motion raises only an issue of law. Hence, in testing the sufficiency of the statement of plaintiff's claim for relief, we accept as true for purposes of the...

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