Biagro Western Sales, Inc. v. Helena Chemical Co.

MEMORANDUM DECISION AND ORDER RE: DEFENDANT’S MOTION TO DISMISS FOR LACK OF STANDING AND FAILURE TO JOIN AN INDISPENSABLE PARTY

WANGER, District Judge.

I. INTRODUCTION

Before the Court are motions pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6), 12(b)(7), and 19, brought by Defendant, HELENA CHEMICAL COMPANY, to dismiss Plaintiffs complaint for lack of standing and failure to join an indispensable party. Plaintiff, BIAGRO WESTERN SALES, INC., opposes Defendant’s motion. See Doe. 41. Oral argument was held April 30, 2001.

II. BACKGROUND

On January 3, 2001, Plaintiff filed a…