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WHITE v. DIETRICH INDUSTRIES, INC.

Civil Action No. 1:06-CV-554.

554 F.Supp.2d 684 (2006)

Arnold WHITE, Plaintiff, v. DIETRICH INDUSTRIES, INC., Dietrich Metal Framing, and the Worthington Steel Company, Defendants.

United States District Court, E.D. Texas, Beaumont Division.

November 13, 2006.

Attorney(s) appearing for the Case

Bryan Adam Terrell of Weller Green Toups & Terrell LLP, Beaumont, TX, for Plaintiff.

David W. Ledyard of Strong Pipkin Bissell & Ledyard-Beaumont, Beaumont, TX, J. Allen Jones, III and Marc S. Blubaugh of Benesch Friedlander Coplan & Aronoff-Columbus, Columbus, OH, for Defendants.

Mike H. Bassett of The Bassett Firm, Dallas, TX, for Decker Truck Line, Inc.

MEMORANDUM AND ORDER

MARCIA A. CRONE, District Judge.

Pending before the court is Defendants Dietrich Industries, Inc., Dietrich Metal Framing, and The Worthington Steel Company's (collectively, "Defendants") Motion to Dismiss Plaintiffs Original Petition With Prejudice (# 4). Because the parties rely on matters outside the pleadings, the court has elected to treat the motion as one for summary judgment.

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