Wilcox v. Homestake Mining Co.

MEMORANDUM OPINION AND ORDER

CONWAY, Senior District Judge.

THIS MATTER comes before the Court upon Defendants’ Motion to Dismiss and Strike, filed October 28, 2004 {Doc. 13). This motion is filed pursuant to Fed. R. Civ. P. 12(b)(6) and 9(b). Defendants move to dismiss and/or strike on the following grounds: 1) Plaintiffs’ state law causes of action are preempted by the Price-Anderson Act; 2) Plaintiffs’ causes of action fail to state a claim for which relief can be granted and 3) Plaintiffs’ fraud cause of action is not pleaded with the required particularity. The Court has reviewed the…