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ATKINS v. TONY LAMA CO., INC.

No. EV 84-214-C.

624 F.Supp. 250 (1985)

Ruth Carolyn ATKINS, Plaintiff, v. TONY LAMA COMPANY, INC., Teresa Lama Bean, Angelina Lama Faulkner, Tony Lama, Jr., Joseph H. Lama, Jr., Max R. Prestridge, Jr., Jack Rich, J. David Stanford, E. Eugene Burkett, Woodrow W. Bean, Jr., Carmen Lama Caruso, Bruce Faulkner, Defendants.

United States District Court, S.D. Indiana, Evansville Division.

December 3, 1985.

Attorney(s) appearing for the Case

Theodore Lockyear, Evansville, Ind., for plaintiff.

David Jones, Bowers, Harrison, Kent & Miller, Alan Shovers, Kahn, Dees, Donovan & Kahn, Evansville, Ind., W. Donald McSweeney, James Clark, Schiff, Hardin & Waite, Chicago, Ill., John L. Carroll, Johnson Carroll & Griffith, Evansville, Ind., for defendants.

MEMORANDUM ORDER

BROOKS, District Judge.

This matter comes before the Court upon the motions of the defendants to dismiss plaintiff's complaint. Each of the parties have fully briefed the issues presented by the motions and the Court now deems the motions ripe for ruling.

Plaintiff commenced this class action1 in three (3) counts on August 8, 1984 seeking compensatory and punitive damages as well as the rescission of...

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