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MUNDELL v. BEVERLY ENTERPRISES-INDIANA, INC.

No. TH 90-151-C.

778 F.Supp. 459 (1991)

Lena MUNDELL, Administrator of the Estate of Gerald Joseph Lawrence, Sr., Plaintiff, v. BEVERLY ENTERPRISES-INDIANA, INC., and Beverly Enterprises, Defendants.

United States District Court, S.D. Indiana, Terre Haute Division.

November 12, 1991.

Attorney(s) appearing for the Case

Eric Frey, Frey Hunt Hassler & Lorenz, Terre Haute, Ind., for plaintiff.

Thomas J. Campbell, Peter H. Pogue, Locke Reynolds Boyd & Weisell, Indianapolis, Ind., for defendants.

ENTRY GRANTING DEFENDANT'S PARTIAL MOTION TO DISMISS

TINDER, District Judge.

This cause comes before the court on a 12(b)(6) motion to dismiss for failure to state a claim brought by defendants Beverly Enterprises-Indiana, Inc., and Beverly Enterprises. Defendants move to dismiss paragraph 10 of plaintiff's Amended Complaint which reads as follows:

10. That the conduct of the Defendants was willful, abusive, deceitful, and constitutes the basis...

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