United States of America, et al v. Armet Armored Vehicles, Inc., et al

Filing 75

ORDER granting in part and denying in part 62 Motion to Dismiss for Failure to State a Claim. Signed by Judge Jackson L. Kiser on 12/12/2014. (mlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
DANVILLE DIVISION
UNITED STATES OF AMERICA
and FRANK SKINNER,
Plaintiffs/Relators,
v.
ARMET ARMORED VEHICLES, INC.,
and WILLIAM R. WHYTE,
Defendants.

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Case No. 4:12-cv-00045
ORDER
By: Hon. Jackson L. Kiser
Senior United States District Judge

Before me is Defendants’ Rule 12(b)(6) Motion to Dismiss Plaintiff’s Amended
Complaint for Failure to State a Claim (“the Motion”). [ECF No. 62.] The matter was fully
briefed by the parties, and counsel appeared in open court on December 4, 2014, to argue their
respective position on the law and the facts. Having fully reviewed the pleadings and arguments
of counsel, the matter is now ripe for disposition. For the reasons stated in the accompanying
Memorandum Opinion, Defendants’ Motion is hereby GRANTED with respect to Counts 9–10,
13–22, and 25. The Motion is DENIED with respect to Counts 1–8. Defendants did not move
to dismiss Counts 11, 12, 23, or 24.
The Clerk is directed to forward a copy of this Order and accompanying Memorandum
Opinion to all counsel of record.
Entered this 12th day of December, 2014.

s/Jackson L. Kiser
SENIOR UNITED STATES DISTRICT JUDGE