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EUREKA RESOURCES, LLC v. HOWDEN ROOTS LLC

No. 4:20-CV-02222.

553 F.Supp.3d 233 (2021)

EUREKA RESOURCES, LLC, Plaintiff, v. HOWDEN ROOTS LLC, Defendant.

United States District Court, M.D. Pennsylvania.

Filed August 11, 2021.

Attorney(s) appearing for the Case

Erik J. Dykema, Pro Hac Vice, Essex Fells, NJ, Thomas C. Marshall, Allen P. Page, IV, McNerney, Page, Vanderlin & Hall, Williamsport, PA, Serge Krimnus, Pro Hac Vice, Brooklyn Law School, Brooklyn, NY, for Plaintiff.

Joseph G. Colao, Pro Hac Vice, Leader Berkon Colao & Silverstein LLP, New York, NY, Joseph I. Fontak, Leader & Berkon LLP, Philadelphia, PA, for Defendant.

MEMORANDUM OPINION

I. BACKGROUND

On February 5, 2021, Eureka Resources, LLC filed a two-count amended complaint against Howden Roots LLC alleging breach of contract. Howden then filed a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(3) and 12(b)(6).<...

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