McCarty v. Kendall Co.

HEMPHILL, District Judge.

Motion by defendant under Ru’e 12(b) of the Federal Rules of Civil Procedure to dismiss upon the following grounds: (1) that the plaintiff’s sole and exclusive remedy is before the South Carolina Industrial Commission, (2) that the plaintiff has failed to tender a return of any money received from the settlement alleged in the plaintiff’s Complaint, and (3) that the plaintiff does not state facts sufficient to constitute a cause of action for either fraud and deceit or breach of a contract accompanied by a fraudulent act. Plaintiff alleges in his Comp’aint that on May…