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Samples v. Reaco Battery Service Corp.

August 18, 2010

MARVIN E. SAMPLES, PLAINTIFF,
v.
REACO BATTERY SERVICE CORPORATION, SCOTT GAMSTER, HAROLD HAWK AND CROWN BATTERY MANUFACTURING COMPANY, DEFENDANTS.



The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on the defendants' motion to dismiss (Doc. 24). Since the defendants filed the motion to dismiss, the plaintiff has amended the complaint (Doc. 33). Because the motion to dismiss is directed at the original complaint, which is no longer the operative pleading in this case, Massey v. Helman, 196 F.3d 727, 735 (7th Cir. 1999), the Court DENIES as moot the motion to dismiss (Doc. 24).

IT IS SO ORDERED.

20100818

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