Ackman v. Ohio Knife Co.

OPINION AND ORDER

SPIEGEL, District Judge:

This matter came on for consideration of defendant’s motion to dismiss (doc. 3), plaintiffs' memorandum in opposition (doc. 4), and defendant’s reply (doc. 5). For reasons that follow, we conclude that defendant’s motion to dismiss should be denied in its entirety with respect to Counts 1 and 3, and denied as regards plaintiff McQueary with respect to Count 2. The motion is granted with respect to the Count 2 claims of plaintiffs Testa, Ackman, and Martin.

Four plaintiffs joined in this action which involves three counts. Count 1 alleges that defendant…