Legal Opinion
Audell Petroleum Corp. v. Suburban Paraco Corp.
District Court, E.D. New York
Decided September 29, 1995No. 0:94-cv-03751PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
HURLEY, District Judge.
Presently before the Court is a Motion to Dismiss by Suburban Paraco Corporation (“Defendant”), pursuant to Federal Rule of Civil Procedure 12(b)(6) (“Rule 12(b)(6)”), for failure to state a claim for an illegal tying arrangement. For the reasons set forth below, Defendant’s motion is denied.
Background
In July 1991, McGraw Street Realty Corporation (“McGraw”) and Defendant entered into an agreement by which Defendant would sell to McGraw a propane-handling facility (“the Shirley Facility”). 1 {See Compl. ¶ 19; Delorio Sept. 2, 1994 Affid. ¶ 5.) Audell…
2Cases cited34 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977
- Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
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3Cited by1 opinion
- United Magazine Co. v. Murdoch Magazines Distribution, Inc.District Court, S.D. New York · 2001