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WALLING CHEMICAL CO. v. HART

Civ. No. 81-0-49.

508 F.Supp. 338 (1981)

WALLING CHEMICAL COMPANY, a South Dakota Corporation, Plaintiff, v. David A. HART, a Nebraska resident, Defendant.

United States District Court, D. Nebraska.

February 27, 1981.

Attorney(s) appearing for the Case

Dennis E. Martin and Steven Achelpohl, Omaha, Neb., for plaintiff.

H. Daniel Smith, Omaha, Neb., for defendant.

MEMORANDUM AND ORDER

DENNEY, District Judge.

This matter comes before the Court upon the defendant's motion to dismiss the plaintiff's complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure [Filing # 9].

A brief review of the facts is warranted. The plaintiff, Walling Chemical Co., is a South Dakota corporation which manufactures and markets pollution control products and related...

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