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BRINKMEIER v. GRACO CHILDREN'S PRODUCTS INC.

Civil Action No. 09-262-LPS.

767 F.Supp.2d 488 (2011)

Jennifer L. BRINKMEIER, Plaintiff, v. GRACO CHILDREN'S PRODUCTS INC., Defendant.

United States District Court, D. Delaware.

March 7, 2011.

Attorney(s) appearing for the Case

Stamatios Stamoulis , Esquire and Richard C. Weinblatt , Esquire of Stamoulis & Weinblatt LLC, Wilmington, DE, for Plaintiff.

Lynn E. Rzonca , Esquire and Melissa J. Lore , Esquire of Ballard Spahr LLP, Philadelphia, PA, Beth Moskow-Schnoll , Esquire of Ballard Spahr LLP, Wilmington, DE, for Defendant.

MEMORANDUM OPINION

STARK, District Judge.

Pending before the Court is a Motion To Dismiss Plaintiff's Second Amended Complaint (D.I. 37) filed by Defendant, Graco Children's Products Inc. ("Graco"). The Court held oral argument on the Motion on December 9, 2010. See Transcript ("Tr.") (D.I. 63). For the reasons discussed, the Court will deny the Motion.

I. THE PARTIES' CONTENTIONS

Plaintiff, Jennifer Brinkmeier,

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