P & W Supply Co. v. E.I. Du Pont De Nemours & Co.

MEMORANDUM OPINION AND ORDER

ROSZKOWSKI, District Judge.

This action comes before the Court on Defendant’s motion to dismiss Plaintiffs complaint for failure to state a cause of action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth in the opinion below, this Court denies Defendant’s motion to dismiss Count I of the complaint but grants Plaintiff thirty days to file an amended complaint relating to the indirect franchise fee issue (for paint mixing machines) as set out below. Further, the Court grants Defendant’s motion to dismiss Count II of the…