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Tammy C. Wheeler v. Wiseman Enterprises

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION


April 15, 2011

TAMMY C. WHEELER, PLAINTIFF,
v.
WISEMAN ENTERPRISES, INC., DEFENDANT.

The opinion of the court was delivered by: Jackson L. Kiser Senior United States District Judge

ORDER

By: Jackson L. Kiser Senior United States District Judge

Before me is Defendant's Motion to Dismiss [ECF No. 4] pursuant to Federal Rule of Civil Procedure 12(b)(1). Plaintiff filed her brief in opposition [ECF No. 12], Defendant replied [ECF No. 13] and I heard oral argument and evidence at an April 7, 2011 hearing. The matter is now ripe for review. I have analyzed the relevant briefs, affidavits, interrogatories, depositions and testimony. For the reasons stated in the accompanying Memorandum Opinion, Defendant's Motion to Dismiss is DENIED.

The Clerk is directed to send a copy of this Order and the accompanying Memorandum Opinion to all counsel of record.

20110415

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