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ARCH WOOD PROTECTION, INC. v. FLAMEDXX, LLC

Case No. 1:10-CV-282.

932 F.Supp.2d 858 (2013)

ARCH WOOD PROTECTION, INC., Plaintiff, v. FLAMEDXX, LLC, Defendant.

United States District Court, E.D. Tennessee, at Chattanooga.

March 19, 2013.

Attorney(s) appearing for the Case

Mark A. Smith , Husch Blackwell LLP, Chattanooga, TN, for Plaintiff.

Gary R. Patrick , Elizabeth M. Hill , Patrick, Beard, Schulman & Jacoway, PC, Chattanooga, TN, for Defendant.

MEMORANDUM

CURTIS L. COLLIER, District Judge.

Before the Court is Counter-Defendant Arch Wood Protection, Inc.'s ("Defendant") motion to dismiss Counter-Plaintiff Flamedxx's ("Plaintiff") amended counterclaim ("counterclaim") (Court File No. 66).1 Defendant argues Plaintiff's counterclaim fails to state a claim on which relief can be granted because Defendant was not obligated to perform the duties serving as the basis...

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