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FESLER v. WHELEN ENGINEERING CO., INC.

No. 3:09-cv-00167.

716 F.Supp.2d 831 (2010)

David K. FESLER, Plaintiff, v. WHELEN ENGINEERING COMPANY, INC., Defendant.

United States District Court, S.D. Iowa, Davenport Division.

June 9, 2010.

Attorney(s) appearing for the Case

Robert Eugene Breckenridge, II , Kenneth A. Duker , Breckenridge & Duker PC, Ottumwa, IA, for Plaintiff.

Gabriel J. Jiran , Shipman & Goodwin LLP, Hartford, CT, Leonard T. Strand , Simmons Perrine Moyer, Bergman PLC, Cedar Rapids, IA, for Defendant.

ORDER ON MOTION TO DISMISS

ROBERT W. PRATT, Chief Judge.

Before the Court is Defendant's Motion to Dismiss the Amended Complaint (hereinafter "Motion to Dismiss"), filed on January 19, 2010. Clerk's No. 14. Plaintiff filed a Response to the Motion to Dismiss on February 1, 2010. Clerk's No. 15. Defendant filed a Reply in Support of the Motion to Dismiss on February 11, 2010. Clerk's No. 16. The matter is fully submitted.

I. FACTUAL AND LEGAL ALLEGATIONS...

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