LAUREL COAL CO. v. WALTER E. HELLER & CO., INC.

Civ. A. No. 82-285.

539 F.Supp. 1006 (1982)

LAUREL COAL COMPANY, Plaintiff, v. WALTER E. HELLER & CO., INC., Defendant.

United States District Court, W. D. Pennsylvania.

May 7, 1982.


Attorney(s) appearing for the Case

R. A. Kovach, Latrobe, Pa., for plaintiff.

Henry H. Wallace, Wallace, Chapas & Gravina, Pittsburgh, Pa., for defendant.


OPINION

TEITELBAUM, District Judge.

Defendant has filed a motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Rule 12 of the Federal Rules of Civil Procedure. This diversity action arises out of the events surrounding the repossession of a bulldozer by defendant. Plaintiff, Laurel Coal Co., was admittedly an obligor under a promissory note held by defendant Walter E. Heller & Co., Inc. The collateral for the note...

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