MERCHANTS PUB. v. MARUKA MACHINERY CORP. OF AMERICA

No. 4:91-CV-86.

800 F.Supp. 1490 (1992)

MERCHANTS PUBLISHING CO., Plaintiff, v. MARUKA MACHINERY CORP. OF AMERICA and Akiyama Corp. of America, Defendants.

United States District Court, W.D. Michigan, S.D.

May 13, 1992.


Attorney(s) appearing for the Case

Alan H. Silverman, Barbara H. Donnelly, Alan H. Silverman, P.C., Kalamazoo, Mich., for plaintiff.

Sharon J. LaDuke, George A. Sumnik, Jaffe, Snider, Raitt & Heuer, P.C., Detroit, Mich., James P. McCabe, Kelley, Drye & Warren, New York City, John J. Quinn, Los Angeles, Cal., for defendant Maruka Machinery Corp. of America.

Grant J. Gruel, Thomas R. Behm, Gruel, Mills, Nims & Pylman, Grand Rapids, Mich., for defendant Akiyama Corp. of America.


MEMORANDUM OPINION AND ORDER

ROBERT HOLMES BELL, District Judge.

Maruka Machinery Corporation of America ("Maruka") moves, pursuant to Fed. R.Civ.P. 12(b)(6), to dismiss Counts V, VI, and VII in Merchants Publishing Company's ("Merchants") First Amended Complaint. For the reasons that follow, the Court GRANTS the motion.1

This action began about a year ago. Merchants, complaining of faulty printing presses it received...

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