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PINSON v. DEPCO, INC.

No. CIV. 83-5149.

602 F.Supp. 27 (1985)

Verlan PINSON, Special Administrator of the Estate of Roscoe Bowman Collins, a/k/a Roscoe B. Collins, Plaintiff, v. DEPCO, INC.; Hanover Petroleum Company; and Gulf Oil Corporation, jointly and severally, Defendants.

United States District Court, D. South Dakota, W.D.

January 10, 1985.

Attorney(s) appearing for the Case

Terence R. Quinn, Stephens, Quinn & Buckmaster, Belle Fourche, S.D., Thomas E. Graslie, Buffalo, S.D., for plaintiff.

Donn Bennett, Max Main, Bennett & Main, Belle Fourche, S.D., for defendants.

MEMORANDUM OPINION

BOGUE, Chief Judge.

The Defendants have made a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6)— Failure to State a Claim and Fed.R.Civ.P. 12(b)(7) — Failure to Join a Party Under Rule 19. The Defendants have also made a motion for partial judgment on the pleadings.

I. MOTION TO DISMISS

A. Failure to State a Claim

In Count I of the Amended Complaint, the Plaintiff alleges that the Defendants...

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