MEMORANDUM OPINION AND ORDER
ZAGEL, District Judge.
Coleman Cable Systems, Inc. ("Coleman") sues Shell Oil Company ("Shell") to recover damages for negligence, negligent misrepresentation, breach of warranty and fraud. Pursuant to Federal Rule of Civil Procedure 12(b)(6), Shell moves to dismiss Count I of the complaint which alleges both negligence and negligent misrepresentation.
A plaintiff fails to state a claim upon which relief may be...
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