Civil No. 11-1926(DSD/JJK).

881 F.Supp.2d 1071 (2012)

Douglas JOHNSON, on behalf of himself and all others similarly situated, Plaintiff, v. MIDWEST ATM, INC. and Rustad & Associates, Inc., Defendants.

United States District Court, D. Minnesota.

July 31, 2012.

Attorney(s) appearing for the Case

Thomas J. Lyons, Esq. and Lyons Law Firm, P.A., Vadnais Heights, MN, counsel for plaintiff.

Troy J. Hutchinson, Esq. and Briggs & Morgan, P.A., Minneapolis, MN, counsel for defendants.


DAVID S. DOTY, District Judge.

This matter is before the court upon the motion to dismiss by defendants Midwest ATM, Inc. and Rustad & Associates, Inc. (collectively, Midwest).1 Based on a review of the file, record and proceedings herein, and for the following reasons, the motion is granted.


This dispute arises from Midwest's operation of an automated teller machine

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