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FOX FUEL v. DELAWARE COUNTY SCHOOLS

Civ. A. No. 94-1067.

856 F.Supp. 945 (1994)

FOX FUEL, A DIVISION OF KEROSCENE, INC. v. DELAWARE COUNTY SCHOOLS JOINT PURCHASING BOARD, et al.

United States District Court, E.D. Pennsylvania.

June 8, 1994.

Attorney(s) appearing for the Case

Benjamin E. Zuckerman, Christopher Gatti, Sherr, Joffe & Zuckereman, P.C., West Conshohocken, PA, for plaintiff.

Michael F.X. Coll, Media, PA, for Delaware County Schools Joint Purchasing Bd.

Michael I. Levin, Cleckner and Fearen, Willow Grove, PA, for Delaware County Intermediate Unit, Susan C. Owens, George W. Myers, James F. Shields, John Doe 2-14.

Andrew J. Reilly, Swartz, Campbell & Detweiler, Media, PA, for Michael Coll.

Michael I. Levin, Cleckner and Fearen, Willow Grove, PA, for Chichester School Dist., Roberta Hartzell, Garnet Valley School Dist., Thomas Delaney, School Dist. of Haverford Tp., William Glancey, Penn-Delco School Dist., Mark Tracy, Radnor Tp. School Dist., Joseph Ellis, Jr., Rose Tree Media School Dist., Sharon Round, Southeast Delco School Dist., Springfield School Dist., Harry Oldham, Upper Darby School Dist., Kenneth Hemphill, Chester-Upland School Dist., Marple-Newtown School Dist., Ronald Scott.

Fred B. Buck, Rawle & Henderson, Philadelphia, PA, for Wallingford-Swarthmore School Dist., Kenneth Lupold.

D. Barry Gibbons, Gibbons, Buckley, Smith, Palmer & Proud, P.C., Media, PA, for Delaware County Community College.

MEMORANDUM

GILES, District Judge.

Defendants move pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss the Amended Complaint for failure to state a claim upon which relief can be granted. For the reasons stated below, the motions will be granted in part and denied in part.

I. STANDARD FOR A MOTION TO DISMISS

The purpose of a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) is to test the legal sufficiency of the complaint. Accordingly...

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