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FALKENBERG CAPITAL CORP. v. DAKOTA CELLULAR, INC.

Civil A. No. 95-351 MMS.

925 F.Supp. 231 (1996)

FALKENBERG CAPITAL CORPORATION, a Colorado corporation, Plaintiff, v. DAKOTA CELLULAR, INC., a Delaware corporation, Defendant.

United States District Court, D. Delaware.

Opinion Denying Motion to Alter Judgment May 6, 1996.

Attorney(s) appearing for the Case

Alan J. Stone, and S. Mark Hurd, of Morris, Nichols, Arsht & Tunnell, Wilmington, Delaware; Timothy R. Beyer, and Peter J. Korneffel, Jr., of Baker & Hostetler, Denver, Colorado, of counsel, for plaintiff.

James M. Mulligan, Jr., of Connolly, Bove, Lodge & Hutz, Wilmington, Delaware; Paul C. Besozzi, and Kevin P. Sherburne, of Besozzi, Gavin, Craven & Schmitz, Washington, D.C., of counsel for defendant.

MEMORANDUM OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

I. Introduction

Before the Court is a motion to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6), by defendant Dakota Cellular, Inc. ("Dakota") for failure to state a claim upon which relief can be granted ("Motion to Dismiss"). Docket Item ("D.I.") 5. Plaintiff Falkenberg Capital Corporation ("Falkenberg") has filed a complaint, D.I. 1, requesting relief for breach...

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