Stuckart Lumber Co. v. Employee Benefits Insurance

ORDER

FRYE, District Judge:

Defendant has moved for reconsideration of the court’s order of March 8, 1982 which denied the motion of Employee Benefits Insurance Company, Inc. (EBI) to dismiss Count I of plaintiff Stuckart Lumber Company’s (Stuckart) fraud claim (upon reconsideration), and denied EBI’s motion for summary judgment on its counterclaim.

The court has reconsidered its prior order and reverses for the following reasons:

A. Motion to Dismiss

The court should dismiss for failure to state a claim only when it appears beyond doubt that the plaintiff can prove no set of facts in support of…