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ALLOY BRIQUETTING CORP. v. NIAGARA VEST, INC.

No. CIV-90-805S.

756 F.Supp. 713 (1991)

ALLOY BRIQUETTING CORPORATION, Plaintiff, v. NIAGARA VEST, INC. and Union Carbide Corporation, Defendants.

United States District Court, W.D. New York.

February 14, 1991.

Attorney(s) appearing for the Case

Richard G. Collins, Buffalo, N.Y., John J. DelMonte, Niagara Falls, N.Y., for plaintiff.

Thomas E. Reidy, Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., for Union Carbide Corp.

Mark R. McNamara, Moot & Sprague, Buffalo, N.Y., for Niagara Vest, Inc.

DECISION AND ORDER

SKRETNY, District Judge.

Defendant Union Carbide Corporation ("Union Carbide") brings this motion pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), for an order dismissing plaintiff's First through Seventh Claims for Relief. In support of its motion, Union Carbide submits the affidavit of Thomas E. Reidy, Esq. and the Exhibits annexed thereto ("Reidy affidavit"), a memorandum of law dated October 15, 1990 and a supplemental memorandum of...

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