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GENERAL TIME CORP. v. BULK MATERIALS, INC.

Civ. No. 92-109-ATH(DF).

826 F.Supp. 471 (1993)

GENERAL TIME CORPORATION, Plaintiff, v. BULK MATERIALS, INC., Bulk Materials Investments, Inc., and Fleet Transport Company, Inc., Defendants.

United States District Court, M.D. Georgia, Athens Division.

June 18, 1993.

Attorney(s) appearing for the Case

Kenneth Lee Millwood, Atlanta, GA, for plaintiff.

Stephen E. O'Day, Clark G. Sullivan, Atlanta, GA, for defendants.

FITZPATRICK, District Judge.

On March 29, 1993, this Court heard oral argument on Defendant Fleet Transport Company, Inc.'s ("Fleet") motion to dismiss1 under Federal Rule of Civil Procedure 12(b)(6) on the ground that the Plaintiffs have failed to state a claim upon which relief may be granted. A claim should not be dismissed under Rule 12(b)(6) unless it appears beyond doubt that the plaintiff can prove no set of facts entitling it to...

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