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PEPPER-REED CO. v. McBRO PLAN. & DEVEL. CO.

Civ. No. 82-103.

564 F.Supp. 569 (1983)

PEPPER-REED COMPANY, a Partnership; Pepper Construction Company International, Ltd., a Cayman Corporation; and Reed, Wible & Brown, Inc., a United States Virgin Islands Corporation, Plaintiffs, v. McBRO PLANNING & DEVELOPMENT COMPANY, a Missouri Corporation; and McCarthy Brothers Company, a Missouri Corporation, Defendants.

District Court, Virgin Islands, D. St. Thomas and St. John.

April 21, 1983.

Attorney(s) appearing for the Case

Joel Holt, Holt & Groner, Christiansted, St. Croix, V.I., for plaintiffs; Greenfelder, Hemker, Wiese, Gale & Chappelow, Larry Luber, Richard R. Hardcastle, III, John H. Swoboda, St. Louis, Mo., of counsel.

John G. Short, Dudley, Dudley & Topper, Charlotte Amalie, St. Thomas, V.I., for defendants; Lord, Bissell & Brook, Robert A. Knuti, Michael R. Hassan, Nick DiGiovanni, Chicago, Ill., of counsel.

MEMORANDUM AND ORDER

CHRISTIAN, Chief Judge.

Defendant McCarthy Brothers Co. (hereinafter McBro) has moved the Court to dismiss the complaint in this cause or, in the alternative, for a more definite statement. Fed.R.Civ.P. 12(b)(6) and 12(e). Defendant has mounted a challenge to the sufficiency of each of the seven counts of the complaint. Defendant has also raised the defense of waiver.

A motion to...

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