Friedman's Express, Inc. v. Dial Corp. (In re Friedman's Express, Inc.)

OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

Presently before the court are two motions filed by defendant, The Dial Corporation (“defendant”). In the first motion, filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure,1 defendant asserts that the complaint should be dismissed for failure to state a claim upon which relief can be granted. In the second motion, defendant requests referral of plaintiffs interstate claims to the Interstate Commerce Commission (“ICC”) for determination under the doctrine of “primary jurisdiction.”

JURISDICTIONAL STATEMENT

The Court has…