Roy Horton Tomato Co. v. Home Insurance

ORDER

HENRY WOODS, District Judge.

Defendant, Home Insurance Company and/or the Home Indemnity Company, has submitted the pending motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). It maintains that this lawsuit, when pared to its essence, is nothing more than “an attempt by the Horton family to bring Eugene Horton’s workman's compensation claim to federal court.” See Brief at 1. The plaintiffs, Roy Horton Tomato Company, Inc. and Eugene Horton, deny that assertion and allege that the complaint at bar raises issues involving fraud and negligence. The Court finds that the motion should be…