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WESTINGHOUSE ELEC. CO., LLC v. HEALY

Civil No. 07-83-P-H.

502 F.Supp.2d 138 (2007)

WESTINGHOUSE ELECTRIC COMPANY, LLC, Plaintiff v. Gary HEALY, Defendant.

United States District Court, D. Maine.

August 21, 2007.

Attorney(s) appearing for the Case

Anne Birgel, Richard Moon, Verrill & Dana, Portland, ME, for Plaintiff.

Michael T. Pearson, McLane Graf Raulerson & Middleton, PA, Manchester, NH, for Defendant.

MEMORANDUM DECISION AND ORDER ON DEFENDANT'S MOTION TO DISMISS

HORNBY, District Judge.

The defendant's motion to dismiss challenges: (1) whether the plaintiff satisfied its burden in this diversity of citizenship case, 28 U.S.C. § 1332(a), to show that the amount in controversy exceeds $75,000; and (2) whether the plaintiff pleaded its claim of fraud with sufficient particularity under Fed.R.Civ.P. 9(b). The motion to dismiss is DENIED.

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