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HAAS v. QUEST RECOVERY SERVICES, INC.

No. 5:04-CV-409.

338 F.Supp.2d 797 (2004)

Rachel HAAS, et al., Plaintiffs, v. QUEST RECOVERY SERVICES, INC., et al., Defendants.

United States District Court, N.D. Ohio.

September 20, 2004.

Attorney(s) appearing for the Case

Paul W. Flowers, W. Craig Bashein, Bashein & Bashein, Cleveland, OH, for Rachel Haas, Carol Haas, Richard Haas, Plaintiffs.

Frank Leonetti, III, Reminger & Reminger, Cleveland, OH, Karen Soehnlen McQueen, Krugliak, Wilkins, Griffiths & Dougherty, Canton, OH, Roy A. Hulme, Reminger & Reminger, Cleveland, OH, Elise W. Porter, Office of the Attorney General, Holly J. Hunt, Office of the Attorney General, Constitutional Offices Section, Columbus, OH, for Quest Recovery Services, Inc., State of Ohio, Defendants.

OPINION AND MEMORANDUM

GWIN, District Judge.

Defendant the State of Ohio ("Ohio") moves this Court under Fed.R.Civ.P. 12(b)(6) to dismiss the above-captioned action for failure to state a claim upon which relief can be granted. Alternatively, Ohio moves to dismiss the action for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1). Plaintiffs Rachel, Carol, and Richard Haas oppose Ohio's motion. After considering the pleadings and the applicable...

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