Uarco, Inc. v. Peoples Bank & Trust Co. of St. Bernard

HEEBE, Chief Judge:

Defendant moves to dismiss for failure to state a cause of action in this diversity suit brought under the Louisiana Bulk Sales Law, L.S.A.-R.S. § 9:2961, et seq. Plaintiff obtained a state court judgment for $11,-273.11 against Corporation Data Service, Inc., hereinafter Corporation Data, which subsequently sold all of its assets to the defendant.

This motion raises the issue of whether Corporation Data, which provided data processing services to its customers, is covered by the Bulk Sales Law. Defendant argues that the Bulk Sales Law only applies to businesses that sell…