CAROLINA QUARRIES, INC. v. MARTIN MARIETTA MATERIALS, INC.

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA CAROLINA QUARRIES, INC., ) ) Plaintiffs, ) ) v. ) 1:20-CV-1043 ) MARTIN MARIETTA MATERIALS, INC., ) ) Defendant. ) ) MEMORANDUM OPINION AND ORDER LORETTA C. BIGGS, District Judge. Before the Court is a Motion to Dismiss for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6), filed by Defendant Martin Marietta Materials, Inc. (ECF No. 13.) For the reasons that follow, the Court denies Defendant’s motion. BACKGROUND Plaintiff, Carolina Quarries, Inc., operates a granite quarry in Salisbury, N.C. (ECF No. 1…