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KOVAC v. SUPERIOR DAIRY, INC.

Case No. 5:12-CV-01467.

930 F.Supp.2d 857 (2013)

Terry KOVAC, Plaintiff, v. SUPERIOR DAIRY, INC., Defendant.

United States District Court, N.D. Ohio, Eastern Division.

March 12, 2013.

Attorney(s) appearing for the Case

Amanda M. Paar , David L. Dingwell , Elizabeth A. Raies , Tzangas, Plakas, Mannos & Recupero, Canton, OH, for Plaintiff

Keith L. Pryatel , Jaime U. Kolligian , Kastner, Westman & Wilkins, Akron, OH, for Defendant.

MEMORANDUM OPINION AND ORDER

SARA LIOI, District Judge.

Before the Court is what was originally brought solely as a motion to dismiss by defendant Superior Dairy, Inc. ("defendant" or "Superior") pursuant to Fed. R.Civ.P. 12(b)(6). (ECF No. 4.) Plaintiff Terry Kovac ("plaintiff" or "Kovac") has filed a memorandum in opposition (ECF No. 7), and Superior has filed a reply (ECF No. 8). In order to dispose of an issue raised in the briefing regarding whether...

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