MIZWAY v. R.M. CLARK CO.

No. 3:01CV7531.

183 F.Supp.2d 1003 (2002)

Carey MIZWAY, Plaintiff, v. R.M. CLARK CO., et al., Defendants.

United States District Court, N.D. Ohio, Western Division.

January 29, 2002.


Attorney(s) appearing for the Case

Bradford D. Zelasko, Jeffries, Kube, Forrest & Monteleone, Cleveland, OH, for Plaintiff.

Ralph D. Russo, Betts, Miller & Russo, Findlay, OH, James A. Comodeca, Dinsmore & Shohl, Cincinnati, OH, for Defendants.


ORDER

CARR, District Judge.

This is a diversity case in which defendant R.M. Clark has filed a motion to dismiss plaintiff's first amended complaint due to failure to state a claim. Plaintiff filed his first amended complaint pursuant to leave of court granted at the case management conference, defendant having filed a motion to dismiss the original complaint on the same grounds.

The amended complaint alleges that defendant committed an intentional...

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