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SIAS EX REL. MABRY v. WAL-MART STORES, INC.

No. 2:01-00022.

137 F.Supp.2d 699 (2001)

James S. SIAS, an infant, by his next friend, Carrie K. MABRY, and Carrie K. Mabry, individually, Plaintiffs, v. WAL-MART STORES, INC., Defendant.

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

April 12, 2001.

Attorney(s) appearing for the Case

Charles M. Love, IV, Masters & Taylor, L.C., Charleston, WV, for Plaintiffs.

Kathlene Harmon-McQueen, Heather M. Wright, McQueen Harmon & Potter, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Plaintiff Carrie K. Mabry's (Mabry) motion to dismiss Defendant Wal-Mart Stores, Inc.'s (Wal-Mart) Counterclaim.1 The Court GRANTS the motion.

I. FACTUAL AND PROCEDURAL BACKGROUND

According to the Complaint, James S. Sias' (Sias) grandmother, Clair Marcum, purchased a pre-assembled bicycle with training wheels from Wal-Mart for the...

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