Southern States Cooperative Inc. v. I.S.P. Co.

ORDER GRANTING-IN-PART AND DENYING-IN-PART PLAINTIFF’S MOTION TO DISMISS COUNTERCLAIM

KEELEY, District Judge.

On February 28, 2002, the Court conducted a hearing regarding Southern States Cooperative, Incorporated’s (“Southern States”) motion to dismiss the defendants’ counterclaim for failure to state a claim pursuant to F.R.Civ.P. 12(b)(6). Southern States appeared by its attorney and the defendants, Steven Gar-vin and Diane Garvin (“the Garvins”), appeared in person and without counsel.

At the hearing, the Court DENIED Southern States’ motion to dismiss the counts in the counterclaim for…