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ATLANTIC STATES v. WHITING ROLL-UP DOOR

No. CIV-90-1109S.

772 F.Supp. 745 (1991)

ATLANTIC STATES LEGAL FOUNDATION, INC., Plaintiff, v. WHITING ROLL-UP DOOR MANUFACTURING CORP., Defendant.

United States District Court, W.D. New York.

September 3, 1991.

Attorney(s) appearing for the Case

Charles M. Tebutt, Allen, Lippes & Shonn, Buffalo, N.Y., James M. Hecker, of counsel to Environmental Action, Inc., The Natural Resources Defense Council, Public Interest Research Group of New Jersey, Inc., amici for plaintiff.

Jerrold S. Brown, Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N.Y., for defendant.

ORDER

SKRETNY, District Judge.

INTRODUCTION

Now before this Court is the motion of defendant Whiting Roll-Up Door Manufacturing Corp. ("defendant") to dismiss the Complaint for lack of subject matter jurisdiction and for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), respectively. Alternatively, defendant moves for summary judgment pursuant to Fed.R.Civ.P. 56.

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