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ORGULF TRANSPORT CO. v. HILL'S MARINE ENTERPRISES

No. 01-CV-4159-JPG.

188 F.Supp.2d 1056 (2002)

ORGULF TRANSPORT CO., Plaintiff, v. HILL'S MARINE ENTERPRISES, INC., Defendant, Third-Party Plaintiff, v. Consolidated Grain and Barge Company and Ohio Power Company, Third-Party Defendants.

United States District Court, S.D. Illinois.

January 8, 2002.

Attorney(s) appearing for the Case

Carl J. Marshall, Gault, Marshall et al., Paducah, KY, for Orgulf Transport Co.

Frank J. Dantone, Edward D. Lamar, Joel J. Henderson, Henderson, Dantone et al., Greenville, MS, for Hills' Marine Enterprises, Inc., Hill's Marine Enterprises Inc.

Ronald E. Fox, Fox, Galvin, LLC, St. Louis, MO, for Consolidated Grain and Barge Co.

John C. Ryan, Feirich, Mager et al., Carbondale, IL, for Ohio Power Co.

ORDER

GILBERT, District Judge.

Before the Court is a motion to dismiss (Doc. No. 16) made pursuant to Federal Rule of Civil Procedure 12(b)(6) by third-party defendant Ohio Power Company.

STANDARD OF REVIEW

When reviewing a Rule 12(b)(6) motion to dismiss, the Court accepts all allegations as true and draws all reasonable inferences in favor of the plaintiff. Holman v. Indiana, 211 F.3d 399

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