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MASON v. K MART CORP.

No. 97-1295-CIV-T-17E.

1 F.Supp.2d 1333 (1998)

Patrick S. MASON, Plaintiff, v. K MART CORPORATION, a Michigan Corporation, Defendant.

United States District Court, M.D. Florida, Tampa Division.

January 30, 1998.

Attorney(s) appearing for the Case

Christopher M. Shulman, Christopher M. Shulman, P.A., Tampa, FL, for Plaintiff.

Daniel H. Kunkel, Kevin J. Hubbart, Kunkel, Miller & Hament, Sarasota, FL, Kevin J. Hubbart, Bill Shaffer & Associates, Ft. Myers, FL, for Defendant.

ORDER ON DEFENDANT'S MOTION TO DISMISS

KOVACHEVICH, District Judge.

This cause is before the Court on Defendant's Motion to Dismiss (Dkt.5), and Plaintiff's response (Dkt.10).

STANDARD OF REVIEW

A motion to dismiss under Rule 12(b)(6) tests the sufficiency of the pleadings. In deciding a 12(b)(6) motion, the court must determine whether the plaintiff's complaint sets forth sufficient allegations to establish a claim for relief...

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