District Court, S.D. Mississippi May 10, 1999, CIV. A. 398CV550LN (Delta Environmental Products, Inc. v. McGrew)

MEMORANDUM OPINION AND ORDER

TOM S. LEE, Chief Judge.

This cause is before the court on motion of counter-defendants Aquaklear, Inc., Grady A. Tucker, Jr. and Marty Tittlebaum to dismiss certain allegations by counter-plaintiff Mo-Dad-1, Inc. (Mo-Dad) for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Counter-plaintiff Mo-Dad has responded in opposition.