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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND AVIS E. BUCHANAN, et al. : v. : Civil Action No. DKC 99-3736 : CONSOLIDATED STORES CORP. : :

MEMORANDUM OPINION Pending before the court and ready for resolution is the motion to dismiss of Defendant Consolidated Stores Corp.

("Consolidated" or "KB Toys").

No hearing is deemed necessary, For the

and the court now rules pursuant to Local Rule 105.6.

reasons that follow, the court shall grant the motion in part and deny it in part. I. Background Plaintiffs are five individuals, Avis E. Buchanan, Albert R. Conley, Ardelia Crawford, Carolyn Kornegay-Belton and Yvette D. Tate, and a non-profit organization, the Equal Rights Center ("ERC") 1. Defendant Consolidated Stores Corp. is a Delaware

corporation that controls or owns several hundred KB Toys stores

According to Plaintiffs' Amended Complaint, ERC's mission is to promote civil rights issues and encourage a society where equal opportunity is available for all of society. The group's mission is to further "fair housing, fair employment, public accommodations and other civil rights issues." To do so, ERC offers such programs as education and outreach, diversity training, research, and planning initiatives. Paper no. 5,

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