Caudill Seed and Warehouse Co., Inc. v. Prophet 21, Inc.

MEMORANDUM

LOWELL A. REED, Jr., Senior District Judge.

Now before the Court is the motion of defendant Prophet 21, Inc., to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Document No. 7), and the response of plaintiff Caudill Seed and Warehouse Company, Inc. (Document No. 10 and 11 (duplicates)). This action arises out of a licensing agreement under which defendant was to provide computer software to assist plaintiffs wholesale business. 1 The relationship between the parties allegedly deteriorated when the software failed to function as…