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BEEDE WASTE OIL v. RECYCLING INDUSTRIES, INC.

Civ. A. No. 81-643-MC.

533 F.Supp. 484 (1982)

BEEDE WASTE OIL CORPORATION, Plaintiff, v. RECYCLING INDUSTRIES, INC., Defendant.

United States District Court, D. Massachusetts.

March 9, 1982.

Attorney(s) appearing for the Case

Stephen R. Duly, Andover, Mass., for plaintiff.

David W. Marshall, Asst. Atty. Gen., Environmental Protection Div., Concord, N.H., for State of N.H.

Robert M. Gault, Mintz, Levin, Cohn, Glovsky & Popeo, Boston, Mass., for Recycling Industries, Inc.

MEMORANDUM AND ORDER

McNAUGHT, District Judge.

This matter came on to be heard on Recycling's motion to dismiss the complaint for failure to state a claim upon which relief can be granted.1

The facts, taken in the light most favorable to the plaintiff, are as follows. In the summer of 1978, Recycling contacted the plaintiff concerning the plaintiff's receiving an amount of solvent from the defendant. Recycling, by correspondence...

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