Orix Credit Alliance, Inc. v. Taylor MacHine Works, Inc.

MEMORANDUM OPINION

GRADY, District Judge.

Before the court is the motion of defendant Taylor Machine Works, Inc. (“Taylor”) for dismissal under Federal Rules of Civil Procedure 12(b)(6) and 12(b)(7). As explained below, the motion is granted in part and denied in part.

FACTS

For purposes of this motion, we take the allegations in the complaint as true: In early 1991, Gallo Equipment Company (“Gallo”) asked plaintiff ORIX Credit Alliance, Inc. (“ORIX”) to provide it with financing in the amount of $400,000.00 to acquire marine forklift equipment. Because ORIX doubted Gallo’s credit-worthiness,…