DEVELCOM FUNDING, LLC. v. AMERICAN ATLANTIC COMPANY

Civil No. 09-1839(RMB).

DEVELCOM FUNDING, LLC, Plaintiff, v. AMERICAN ATLANTIC COMPANY, Defendant.

United States District Court, D. New Jersey, Camden Vicinage.

September 9, 2009.


Attorney(s) appearing for the Case

Allison L. Kashon, Ronald Jay Shaffer, Fox Rothschild LLP, Atlantic City, NJ, Attorneys for Plaintiff.

Alyson M. Weiss, Loeb & Loeb, LLP, New York, NY, Lawrence W. Lindsay, Loughry & Lindsay, LLC, Camden, NJ, Attorneys for Defendant.

Thomas R. Valen, Jennifer A. Hradil, Mara E. Zazzali, Gibbons, PC, Newark, NJ, William M. Tambussi, Brown & Connery, LLP, Westmont, NJ, Attorneys for Intervenor-Defendant.


OPINION

RENÉE MARIE BUMB, District Judge.

This matter comes before the Court upon a motion to dismiss for failure to join an indispensable party, pursuant to Federal Rule of Civil Procedure 12(b)(7), by defendant American Atlantic Company (the "Defendant"). The Plaintiff, Develcom Funding, LLC, (the "Plaintiff") brought this federal action to enforce a contract of sale for a disposal facility, amidst ongoing state-court litigation between the parties...

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