Day v. Alcan Aluminum Corp.

MEMORANDUM OPINION

SIMPSON, District Judge.

This matter is before the Court on motion of the defendant 1 , Alcan Aluminum Corporation (hereinafter “Alcan”), to dismiss the complaint for failure to state a claim upon which relief may be granted. The defendant’s motion to dismiss will be treated as one for summary judgment, pursuant to the Federal Rules of Civil Procedure. Rule 12(b) of the Federal Rules of Civil Procedure states:

If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading…