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DELTA TRUCK & TRACTOR v. NAVISTAR INTERN. TRANSP.

Civ. A. No. 85-2606-A.

833 F.Supp. 587 (1993)

DELTA TRUCK & TRACTOR, INC. v. NAVISTAR INTERNATIONAL TRANSPORTATION CORP., et al.

United States District Court, W.D. Louisiana, Alexandria Division.

September 23, 1993.

Attorney(s) appearing for the Case

Daryl M. Blue, Hunter Scott Blue Johnson & Ross, Monroe, LA, Henry B. Bruser, III, James M. Chamblee, Gold Weems Bruser Sues & Rundell, Alexandria, LA, and Jack N. Price, Austin, TX, Foley & Lardner, Milwaukee, WI, and Miles Paul Clements, Lemle & Kelleher, New Orleans, LA, for defendants.

C. Joseph Roberts, III, Hayes Harkey Smith Cascio & Mullens, Monroe, LA, for movant.

RULING

NAUMAN S. SCOTT, District Judge.

Before the court is defendants', Navistar Transportation Corp. (IH), Tenneco, Inc., and J.I. Case Co. (Case), Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted aimed at plaintiff's, Delta Truck & Tractor, Inc., (Delta), claim for attorney's fees.

I. Facts and Procedural History

This Louisiana diversity case finds itself before us on remand...

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