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PIED PIPER, INC. v. DATANATIONAL CORP.

Civ. A. No. 3:95-0133.

901 F.Supp. 212 (1995)

PIED PIPER, INC., a West Virginia corporation, Plaintiff, v. DATANATIONAL CORPORATION, an Ohio corporation, et al., Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

October 12, 1995.

Attorney(s) appearing for the Case

L. David Duffield and Scott W. Andrews, Huntington, WV, for Plaintiff.

John Philip Melick, Lee van Egmond, Charleston, WV, R. Carter Elkins, Huntington, WV, Laura L. Gray, Peoria, IL, Leonard Shulman, Flint, MI, and Marjorie L. Kolin, Troy, MI, for Defendants.

ORDER

GOODWIN, District Judge.

Pending before the Court are two Motions of defendant International Business Machines, Inc. (IBM) to dismiss Count V of the Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The first Motion, filed on April 24, 1995, prior to the filing of the Amended Complaint, is DENIED as moot. The Court finds that West Virginia would not recognize a cause of action for negligent referral based upon...

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