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SAMSON TUG AND BARGE CO., INC. v. KOZIOL

Case No. 3:11-cv-00247-SLG.

869 F.Supp.2d 1001 (2012)

SAMSON TUG AND BARGE COMPANY, INC., an Alaska Corporation, Plaintiff, v. Timothy J. KOZIOL and Brett M. Clark, Defendants.

United States District Court, D. Alaska.

April 23, 2012.

Attorney(s) appearing for the Case

William G. Royce , Law Office of William G. Royce, George T. Freeman , Anchorage, AK, for Plaintiff.

Jahna M. Lindemuth , Dorsey & Whitney, LLC, Anchorage, AK, Todd G. Friedland , Stephens Friedland LLP, Newport Beach, CA, for Defendants.

ORDER DENYING DEFENDANT CLARK'S MOTION TO DISMISS

SHARON L. GLEASON, District Judge.

Before the court at Docket 8 is defendant Brett Clark's Motion to Dismiss. At Docket 14, plaintiff Samson Tug and Barge ("Samson") opposes. At Docket 18, Mr. Clark replies. At Docket 28, Samson surreplies. Oral argument on the motion was held on March 8, 2012.

FACTS AND PROCEDURAL BACKGROUND

The uncontroverted facts are as follows: Samson...

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