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MITCHELL v. COLDSTREAM LABORATORIES, INC.

No. 2009-CA-001885-MR.

337 S.W.3d 642 (2010)

Timothy MITCHELL, Appellant, v. COLDSTREAM LABORATORIES, INC., Appellee.

Court of Appeals of Kentucky.

September 24, 2010.

Attorney(s) appearing for the Case

Rocky L. McClintock , Georgetown, KY, for appellant.

Catherine S. Wright , Drew B. Miller , Lexington, KY, for appellee.

Before CAPERTON and COMBS, Judges; LAMBERT, Senior Judge.

OPINION

COMBS, Judge:

Appellant, Timothy Mitchell, appeals from an order of the Fayette Circuit Court pursuant to Kentucky Rule(s) of Civil Procedure (CR) 12.02(f) dismissing on the pleadings his counterclaims against his former employer, Coldstream Laboratories, Inc. Mitchell contends that the court erred by prematurely concluding that he had failed to state a claim. After considering counsels' arguments...

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