Opinion
Case No. 2:07CV00057.
May 16, 2008
Michael G. Wilson and Thomas N. Jamerson, Hunton Williams LLP, Richmond, Virginia, for Plaintiff; Steven R. Minor, Elliott Lawson Minor, Bristol, Virginia, and Elsey A. Harris III, Mullins, Harris Jessee, Norton, Virginia, for Defendants.
OPINION AND ORDER
The defendants have moved to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6), the plaintiff's Second Amended Complaint alleging commercial fraud. Earlier versions of the complaint were dismissed by the court for failure to comply with Rule 9(b). See Xcoal Energy Res., L.P. v. Smith, No. 2:07CV00057, 2008 WL 312912 (W.D. Va. Feb. 4, 2008); Xcoal Energy Res., L.P. v. Smith, No. 2:07CV00057, 2008 WL 746989 (W.D. Va. Mar. 20, 2008).
After careful consideration of the parties' arguments, I find that the Second Amended Complaint sufficiently complies with Rule 9(b). Accordingly, it is ORDERED that the Third Motion to Dismiss (#37) is DENIED.