Walling Chemical Co. v. Hart

MEMORANDUM AND ORDER

DENNEY, District Judge.

This matter comes before the Court upon the defendant’s motion to dismiss the plaintiff’s complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure [Filing # 9],

A brief review of the facts is warranted. The plaintiff, Walling Chemical Co., is a South Dakota corporation which manufactures and markets pollution control products and related services. Its business activities are primarily concentrated in the Midwest region of the United States. The defendant, David A. Hart, is a Nebraska resident who worked for the plaintiff as a sales…