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SIMMONS OIL CORP. v. BULK SALES CORP.

Civ. No. 80-1124.

498 F.Supp. 457 (1980)

SIMMONS OIL CORPORATION, Plaintiffs, v. BULK SALES CORPORATION, Defendant.

United States District Court, D. New Jersey.

September 3, 1980.

Attorney(s) appearing for the Case

Lowen & Abut, Fort Lee, N. J., for plaintiff.

Norris, McLaughlin & Marcus, Somerville, N. J., for defendant.

OPINION

LACEY, District Judge.

This is a breach-of-contract action brought by Simmons Oil Corporation (Simmons), an Arizona corporation, against Bulk Sales Corporation (Bulk Sales), a New Jersey corporation. Jurisdiction is based on diversity. 28 U.S.C. § 1332(a) and (c) (1976). Defendant moves to dismiss the complaint for failure to state a claim under Fed.R.Civ.P. 12(b)(6), because of plaintiff's alleged failure to comply with the New Jersey statute...

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