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ROSE v. RYDER TRUCK RENTAL, INC.

Civ. No. 86-0180-P.

649 F.Supp. 32 (1986)

Erlon ROSE, as personal representative of the Estate of Jeffrey Rose, and Cynthia Rose, individually and as mother and next friend of Jeremy Rose, all of Livermore Falls, County of Androscoggin, State of Maine, Plaintiffs, v. RYDER TRUCK RENTAL, INC., Timothy D. Lay, Michael Wienman, Willard D. Fountain, and the Morris Weinman Co., Defendants.

United States District Court, D. Maine.

November 24, 1986.

Attorney(s) appearing for the Case

Paul R. Dumas, Jr., Cloutier, Joyce, Dumas & David, Rumford, Me., for plaintiffs.

Paul S. Douglass, Platz & Thompson Lewiston, Me., for defendant Willard Fountain.

James M. Bowie, Hunt, Thompson & Bowie Portland, Me., for Michael Weinman.

Richard D. Hewes, Portland, Me., for Ryder Truck.

John B. Cole, Auburn, Me., Christopher C. Dinan, Thomas F. Monaghan, Portland, Me., for Timothy Lay.

Frederick J. Badger, Jr., Bangor, Me., for Morris Weinman Co.

MEMORANDUM OF DECISION AND ORDER DENYING DEFENDANT FOUNTAIN'S MOTION TO DISMISS

GENE CARTER, District Judge.

This matter comes before the Court on the motion of Defendant Willard D. Fountain to dismiss Plaintiffs' Complaint for failure to state a claim against Defendant Fountain. Fed.R.Civ.P. 12(b)(6). For the reasons stated below, Defendant's motion to dismiss is denied.

Briefly stated, the facts of this case are as follows. On December 1, 1984...

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