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BRICKS, INC. v. BNY TRUST CO. OF MISSOURI

No. 01-2286.

165 F.Supp.2d 723 (2001)

BRICKS, INC., Plaintiff, v. BNY TRUST COMPANY OF MISSOURI, and Kohner Properties, Inc., Defendant.

United States District Court, W.D. Tennessee, Western Division.

October 12, 2001.

Attorney(s) appearing for the Case

Joseph T. Getz, Elizabeth B. Stengel, Less Getz & Lipman, Memphis, TN, for plaintiffs.

Henry C. Shelton, III, Armstrong Allen, PLLC, Memphis, TN, David Sosne, Summers Compton Wells & Hamburg, St. Louis, MO, for defendants.

ORDER GRANTING DEFENDANTS' 12(b)(6) MOTION TO DISMISS PLAINTIFF'S COMPLAINT

DONALD, District Judge.

This matter is before the Court on defendants' motion to dismiss plaintiff's claims under the Prompt Pay Act of 1991, quantum meruit, and as a third-party beneficiary, on the ground that plaintiff fails to state claims for which relief can be granted. The Court has jurisdiction over this matter under 28 U.S.C. § 1332. For the reasons stated herein, the...

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