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CALIPARI v. POWERTEL, INC.

No. CIV. 02-2684-D/A.

231 F.Supp.2d 734 (2002)

John CALIPARI and Steve Smith, Plaintiffs, v. POWERTEL, INCORPORATED; Powertel/Memphis, Incorporated, Individually and DBA Voicestream Wireless and Voicestream Wireless, An assumed name; and Voicestream Wireless, Inc., Delaware corporations Defendants.

United States District Court, W.D. Tennessee, Western Division.

November 19, 2002.

Attorney(s) appearing for the Case

James O. Lockard, Lockard Law Firm, Memphis, TN, Mike Roberts, Law Office of Mike Roberts, Memphis, TN, for Plaintiffs.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS COUNTS III, IV, and V

DONALD, District Judge.

Plaintiffs John Calipari and Steve Smith filed this action against the defendants alleging breach of contract, fraud, specific performance, and tort. The defendants have filed a motion to dismiss the Complaint for failure to state a claim upon which relief may be granted pursuant to Fed.R.Civ.P. 9(b) and 12(b)(6). For the following reasons, the defendants' motion is...

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