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GIFFORD v. THINKING OUTSIDE, LLC

No. 5:06cv108-RS.

506 F.Supp.2d 1104 (2007)

Stephen GIFFORD and Stephanie Gifford, Plaintiffs, v. THINKING OUTSIDE, LLC, KSQ a division of Western Industries, Inc., and Precision Pallet, Inc., Defendants.

United States District Court, N.D. Florida, Panama City Division.

May 17, 2007.

Attorney(s) appearing for the Case

Tracy Wayne Cary, Morris Cary Andrews etc., Dothan, AL, for Plaintiffs.

Robert E. O'Quinn, Jr., Cole Scott & Kissane, Jacksonville FL, Peter John Oppenheimer, Marlow, Connell, Valerius, Abrams and Lewis, Coral Gables, FL, Catherine Barbara Chapman, Mary Katherine Simpson, Guilday Tucker Schwartz etc, Tallahassee FL, for Defendants.

ORDER ON DEFENDANT PRECISION PALLET, INC.'S MOTION TO DISMISS

RICHARD SMOAK, District Judge.

Before me is Defendant Precision Pallet, Inc.'s Motion to Dismiss (Doc. 46).

I. Background

In this diversity action, Plaintiffs Stephen and Stephanie Gifford sue Defendants for negligence and loss of consortium after a greenhouse weighing 1,512 pounds and transported on a wooden pallet

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