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BIAGRO WESTERN SALES v. HELENA CHEMICAL

No. 01CV5014 OWW DLB.

160 F.Supp.2d 1136 (2001)

BIAGRO WESTERN SALES, INC., a California corporation, Plaintiff, v. HELENA CHEMICAL COMPANY, a Delaware corporation, Defendant.

United States District Court, E.D. California.

May 7, 2001.

Attorney(s) appearing for the Case

Mark Daryl Miller, Kimble MacMichael and Upton, Fresno, CA, for plaintiff.

James T. Hannick, Gray Cary Ware and Freidenrich, San Diego, CA, Ashley I. Pezzner, Rudolf E. Hutz, Connolly Bove Lodge and Hutz, Wilmington, DE, for defendant.

MEMORANDUM DECISION AND ORDER RE: DEFENDANT'S MOTION TO DISMISS FOR LACK OF STANDING AND FAILURE TO JOIN AN INDISPENSABLE PARTY

WANGER, District Judge.

I. INTRODUCTION

Before the Court are motions pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6), 12(b)(7), and 19, brought by Defendant, HELENA CHEMICAL COMPANY, to dismiss Plaintiff's complaint for lack of standing and failure to join an indispensable party. Plaintiff, BIAGRO...

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