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BROWN v. WABASH NAT. CORP.

No. 4:02CV0071.

293 F.Supp.2d 903 (2003)

Arthur R. BROWN, for himself and on behalf of the Commissioner of Labor of the State of Indiana, Plaintiff, v. WABASH NATIONAL CORPORATION, the Wabash National Choice Benefits Plan, and Wabash National LP, Defendants.

United States District Court, N.D. Indiana, Hammond Division.

November 25, 2003.

Attorney(s) appearing for the Case

Brian L. McDermott, Kim F. Ebert, Ogletree, Deakins, Nash, Smoak & Stewart, PC, Indianapolis, IN, for Plaintiff.

Lawrence C. DiNardo, Michael J. Gray, Jones Day, Chicago, IL, for Defendants.

MEMORANDUM AND ORDER

ALLEN SHARP, District Judge.

This matter is before the Court on Defendant's, Wabash National Corporation ("Wabash National"), motion for an order dismissing Counts IV and V of Plaintiff's Amended Complaint with prejudice under Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state a claim upon which relief can be granted. On September 15, 2003, Plaintiff filed an unopposed motion to amend his Complaint to include...

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