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International Union United Automobile and Aerospace and Agricultural Implement Workers of America v. ZF Boge Elastmetall

April 23, 2009

INTERNATIONAL UNION UNITED AUTOMOBILE AND AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, PLAINTIFF,
v.
ZF BOGE ELASTMETALL, LLC, DEFENDANT.



The opinion of the court was delivered by: Michael P. McCUSKEY Chief U.S. District Judge

ORDER

A Report and Recommendation (#22) was filed by the Magistrate Judge in the above cause on April 3, 2009. On April 20, 2009, Defendant, ZF Boge Elastmetall, LLC, filed its Objections to Reports and Recommendations (#24). Following this court's careful de novo review of the Magistrate Judge's reasoning and Defendant's Objections, this court agrees with and accepts the Magistrate Judge's Report and Recommendation (#22). This court agrees that Defendant's Rule 12(b)(6) Motion to Dismiss (#4) should be DENIED.

IT IS THEREFORE ORDERED THAT:

(1) The Report and Recommendation (#22) is accepted by this court.

(2) The Rule 12(b)(6) Motion to Dismiss (#4) filed by Defendant ZF Boge Elastmetall, LLC, is DENIED.

(3) This case is referred to the Magistrate Judge for further proceedings.

20090423

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