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DELTA ENVIRONMENTAL PRODUCTS, INC. v. McGREW

No. CIV. A. 398CV550LN.

56 F.Supp.2d 716 (1999)

DELTA ENVIRONMENTAL PRODUCTS, INC., Ecological Tanks, Inc. and Aquaklear, Inc. Plaintiffs v. H.E. McGREW, Jr. Individually, H.E. McGrew, Inc., McGrew Construction Co., Inc., William A. Stegall, Individually, and Mo-Dad-1, Inc. Defendants Mo-Dad-1, Inc. Counter-Plaintiff v. Aquaklear, Inc., Grady A. Tucker, Jr. and Marty Tittlebaum Counter-Defendants

United States District Court, S.D. Mississippi, Jackson Division.

May 10, 1999.

Attorney(s) appearing for the Case

Walter C. Morrison, IV, Upshaw, Williams, Biggers, Beckham & Riddick, Jackson, MS, for Plaintiffs.

Alexander A. Alston, Jr., Joseph S. Gatlin, III Alston & Jones, David C. Dunbar, Grover Clark Monroe, II, Harris, Geno & Dunbar, P.A., Jackson, for Defendants.

MEMORANDUM OPINION AND ORDER

TOM S. LEE, Chief Judge.

This cause is before the court on motion of counter-defendants Aquaklear, Inc., Grady A. Tucker, Jr. and Marty Tittlebaum to dismiss certain allegations by counter-plaintiff Mo-Dad-1, Inc. (Mo-Dad) for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Counter-plaintiff Mo-Dad has responded in opposition.1 The court, having considered the...

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