Northland Associates v. FW Woolworth Company

MEMORANDUM OPINION AND ORDER

BAUER, District Judge.

This cause comes on defendant’s motion to dismiss, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state a claim upon which relief can be granted. The action seeks a declaratory judgment, pursuant to 28 U.S.C. § 2201, that a cer tain lease “is no longer in force and that it was in fact terminated as of March 1, 1973.” Jurisdiction is grounded upon diversity of citizenship; the amount in controversy exceeds the sum or value of $10,000.

The underlying facts are undisputed: Plaintiffs, an Illinois limited…