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D.O. McCOMB & SONS v. MEMORY GARDENS MANAGEMENT

Civ. No. F 89-157.

736 F.Supp. 952 (1990)

D.O. McCOMB & SONS, INC. and Terra Services Incorporated, Plaintiffs, v. MEMORY GARDENS MANAGEMENT CORP., INC.; Covington Memorial Gardens, Inc.; Fred W. Meyer, Jr.; Donald Grose; The Lindenwood Cemetery, Inc.; and Highland Park Cemetery, Inc., Defendants.

United States District Court, N.D. Indiana, Fort Wayne Division.

May 10, 1990.

Attorney(s) appearing for the Case

Vincent J. Backs, James P. Posey, George P. Mallers; Beers, Mallers, Backs & Salin, Fort Wayne, Ind., for plaintiffs.

Craig Pinkus, Donna Bayes-Beinart, Dutton & Overman, Indianapolis, Ind., for Highland Park Cemetery.

James P. Fenton, Robert S. Walters, Barrett & McNagny, Fort Wayne, Ind., for Lindenwood Cemetery.

Walter P. Helmke, J. Timothy McCaulay, Helmke, Beams, Boyer & Wagner, Fort Wayne, Ind., Paul J. DeVault, James G. McIntire, Krieg, DeVault, Alexander & Capehart, Indianapolis, Ind., for remaining defendants.

ORDER

WILLIAM C. LEE, District Judge.

This matter is before the court on several motions to dismiss filed by the defendants. The parties have fully briefed the issues. For the following reasons the motions will be denied.

STANDARD FOR DISMISSAL

In deciding a motion to dismiss for failure to state a claim, this court must take the well pleaded factual allegations of the plaintiff's complaint as true. Ashbrook v. Hoffman,

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