No. CIV.A. 2:02-1343.

240 F.Supp.2d 582 (2003)

Joe C. BOLAND, Plaintiff, v. GEORGIE BOY MANUFACTURING, INC., and Freightliner Custom Chassis Corporation, Defendants.

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

January 21, 2003.

Attorney(s) appearing for the Case

Anthony M. Salvatore, Hamilton, Burgess, Young & Pollard, Fayetteville, WV, for Plaintiff.

Brian R. Swiger, M. David Griffith, Matthew S. Casto, Robinson & McElwee, Charleston, WV, for Defendant Georgie Boy Manufacturing, Inc.


HADEN, District Judge.

Pending is the motion of Defendant Georgie Boy Manufacturing, Inc. (Georgie Boy) to dismiss pursuant to Rule 12(b)(6). Fed.R.Civ.P. 12(b)(6). After Georgie Boy's motion was filed, Plaintiff Joe C. Boland (Boland) was given leave to amend and add a second count to the Complaint. Count One of the Amended Complaint, filed January 10, 2003, remains identical to the single count of the original...

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