West Raleigh Group v. Massachusetts Mutual Life Insurance

ORDER

JAMES C. FOX, Chief Judge.

This matter is before the court on defendant’s motion to dismiss pursuant to Rule 12(b)(6), Fed.R.Civ.P., filed July 13, 1992. Plaintiff has responded in opposition thereto, and defendant has filed a reply. The matter is ripe for disposition.

I. NATURE OF THE CASE

Plaintiff, West Raleigh Group (“WRG”) filed this diversity action seeking a declaration that certain prepayment provisions contained in a Note executed in connection with a $2,800,000 commercial real estate loan made to WRG by defendant, Massachusetts Mutual Life Insurance Co. (Mass-Mutual), are…