Pointer v. American Oil Company

STECKLER, Chief Judge.

This cause came before the Court on the defendant’s motion to dismiss the complaint on the ground that the complaint fails to state a claim upon which relief can be granted.

The complaint alleges that the plaintiffs leased from the defendant a “Standard” service station in Kokomo,' Indiana, a copy of the lease being attached to the complaint and made a part thereof. Plaintiffs allege that the defendant was responsible for the maintenance, repair and/or replacement of the underground bulk tanks used for storing gasoline for resale at the station. It is alleged that when…