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DALWORTH OIL CO., INC. v. FINA OIL & CHEMICAL CO.

Civ. A. No. 4-90-924-A.

758 F.Supp. 410 (1991)

DALWORTH OIL COMPANY, INC., and the Texas Oil Marketers Association, Inc. (TOMA), on Behalf of its Organization and Members, Plaintiffs, v. FINA OIL & CHEMICAL COMPANY, Defendant.

United States District Court, N.D. Texas, Fort Worth Division.

March 12, 1991.

Attorney(s) appearing for the Case

Frank Warren Hill, Claudia Anne Soward, Hill Heard Gilstrap Goetz & Moorhead, Arlington, Tex., Johnnie B Rogers, Law Office of Johnnie B. Rogers, Austin, Tex., for plaintiffs.

Marshall Mayes Searcy, Thomas Lee Woodman, Attorney at Law, Samuel Poage Dalton, Locke Purnell Rain Harrell, Dallas, Tex., for defendant.

MEMORANDUM OPINION AND ORDER

McBRYDE, District Judge.

Came on to be considered the motion of defendant, Fina Oil & Chemical Company ("Fina"), to dismiss the claims of Texas Oil Marketers Association, Inc. ("TOMA"), for failure to state a claim pursuant to Fed.R. Civ.P. 12(b)(6). By way of such motion, Fina contends that TOMA lacks standing to bring the above-numbered action. For the reasons stated below, the court agrees with Fina's contentions; however...

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