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S. M. ARNOLD, INC. v. UNION CARBIDE CORP.

No. 78-1143 C (1).

487 F.Supp. 1182 (1980)

S. M. ARNOLD, INC., a corporation, Schroeder & Tremayne, Inc., a corporation, and the Sponge and Chamois Institute, Inc., a corporation, Plaintiffs, v. UNION CARBIDE CORPORATION, a corporation, Defendant.

United States District Court, E. D. Missouri, E. D.

April 9, 1980.

Attorney(s) appearing for the Case

Jerome A. Gross, Jerome A. Gross & Associates, St. Louis, Mo., Frank Susman, Leonard Komen, Susman, Schermer, Rimmel & Parker, Clayton, Mo., for plaintiffs.

G. Carroll Stribling, Jr., Fordyce & Mayne, Clayton, Mo., for defendant.

MEMORANDUM

WANGELIN, Chief Judge.

This matter is before the Court upon plaintiffs' motion to dismiss defendant's second amended counterclaim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted.

Defendant's first counterclaim, as amended by leave of court, was dismissed without prejudice on September 28, 1979. This Court found the counterclaim defective, both in the conclusory...

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