Caledonian Alloys, Inc. v. Solumet Metal & Powder Inc.

MEMORANDUM & ORDER

Louis L. Stanton, United States District Judge.

Plaintiff Caledonian Alloys, Inc. (“Cale-donian”) moves to dismiss, for failure to state a claim upon which relief can be granted, defendant Solumet Metal & Powder Inc.’s (“Solumet’s”) counterclaims for breach of contract, breach of warranty, and a declaratory judgment that a contractual loan was forgiven. See Fed.R.Civ.P. 12(b)(6).

1

Solumet’s counterclaims 4, 5, 9-13, and 15-17 allege the following (alterations in original):

4. Almost two years later, on or about April 1, 2012, Solumet and Caledonian finally entered into the…