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HENEGAR v. SEARS, ROEBUCK AND CO.

Civil Action No. 3:96-CV-49.

965 F.Supp. 833 (1997)

Jo A. HENEGAR, Plaintiff, v. SEARS, ROEBUCK AND COMPANY, a foreign corporation, Defendant.

United States District Court, N.D. West Virginia.

February 13, 1997.

Attorney(s) appearing for the Case

Harry P. Waddell, Wilkes & Waddell, Martinsburg, WV, for Plaintiff.

Monica N. Haddad, Morgantown, WV, Louis C. Long, Pittsburgh, PA, Meyer, Darragh, Buckler, Bebenek & Eck, Charleston, WV, Debra M. McCulloch, Detroit, MI, for Defendant.

MEMORANDUM OPINION AND ORDER

BROADWATER, District Judge.

This matter comes before the Court on defendant Sears, Roebuck and Company's (hereinafter "Defendant") Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons set forth below, the Court finds that the motion should be granted in part and denied in part.

I. Standard of Review

A Rule 12(b)(6) motion to dismiss functions "to test the formal sufficiency of the statement...

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