Legal Opinion

Frontier-Kemper Constructors, Inc. v. American Rock Salt Co.

District Court, W.D. New York

Decided September 9, 2002No. 6:01-cv-06217PublishedCited by 11 opinions

1Opinion of the Court

DECISION AND ORDER

SIRAGUSA, District Judge.

INTRODUCTION

This is a diversity action for involving a construction contract. Now before the Court is Defendant’s Motion to Dismiss the Amended Complaint [#22], pursuant to Rules 12(b)(6), 8(a)(2), and 8(e)(1) of the Federal Rules of Civil Procedure. Also before the Court is plaintiffs application for an order to show cause [# 35] why defendant should not be found in contempt for violating an earlier Order of the Court. For the reasons that follow, defendant’s motion to dismiss is granted in part and denied in part, and plaintiffs application for an…

2Cases cited29 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  3. New York University v. Continental InsuranceNew York Court of Appeals · 1995
  4. Perma Research and Development Company v. The Singer CompanyCourt of Appeals for the Second Circuit · 1969
  5. Bridgestone/firestone, Inc. v. Recovery Credit Services, Inc., Revenue Recovery, Inc. And George BeladinoCourt of Appeals for the Second Circuit · 1996

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3Cited by11 opinions

  1. Greenberg Traurig of New York, P.C. v. Moody, Texas Court of Appeals, 14th District (Houston)2005
  2. Minnie Rose LLC v. YuDistrict Court, S.D. New York · 2016
  3. Petedge, Inc. v. GargDistrict Court, S.D. New York · 2017
  4. Carruthers v. FlaumDistrict Court, S.D. New York · 2006
  5. Avgerinos v. Palmyra-Macedon Central School DistrictDistrict Court, W.D. New York · 2010

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