M & M Transportation Co. v. U. S. Industries, Inc.

CONNER, District Judge:

Plaintiff in the above-captioned action stakes its jurisdictional claims on the grounds of diversity and the purported existence of a federal question, coupled with an amount in controversy exceeding $10,-000. Presently under consideration are defendants’ motions to dismiss, pursuant to Rule 12(b)(1) and 12(b)(6) F.R.Civ.P., for absence of subject matter jurisdiction and for failure to state a claim upon which relief might be granted.

So far as is relevant herein, the facts, as recited in plaintiff’s amended complaint, are as follows. Plaintiff, a Massachusetts…