Smillie v. Continental Oil Company

KNOUS, Chief Judge.

Herein the defendant has interposed a motion to dismiss upon the ground that the complaint fails to state a claim upon which relief can be granted.

After alleging that the business of the defendant, among other things, consists of “distributing and dealing in petroleum products,” the complaint further charges that “on or about the ninth day of November, 1953, defendant removed certain underground metal tanks, located closely adjacent to the wells of the Town of Granby, hereinbefore described, which tanks were filled, or partially filled with kerosene or other petroleum…