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APB Realty, Inc. v. Georgia-Pacific LLC

United States District Court, D. Massachusetts

August 10, 2017

APB Realty, Inc., Plaintiff,
v.
Georgia-Pacific LLC, Defendant.

          MEMORANDUM & ORDER

          Nathaniel M. Gorton United States District Judge

         This case arises out of discussions regarding a potential purchase of 88 railroad cars by plaintiff APB Realty, Inc. (“plaintiff” or “APB”) from defendant Georgia-Pacific LLC (“defendant” or “Georgia-Pacific”).

         Pending before the Court is defendant's motion to dismiss for failure to state a claim upon which relief can be granted. For the reasons that follow, defendant's motion will be allowed.

         I. Background

         In or about April, 2015, Georgia-Pacific and APB entered into negotiations for the sale and purchase of 88 railroad cars. Specifically, on April 24, 2015, Georgia-Pacific sent an e-mail to APB soliciting an offer for the subject cars.

         In order to facilitate the sale of the railroad cars, Georgia-Pacific retained Liquidity Services, Inc. (“Liquidity”) as its broker. Thereafter, on June 24, 2015, Liquidity e-mailed APB the following:

Thank you [APB] for your call this morning. I wanted to review my understanding of your offer for all of the railcars for [Georgia-Pacific].
Please review and confirm that I have understood your offer correctly . . . .
Total for all 88 x Log Stake Railcars $1, 636, 000 (Including 16% Buyer's Premium).
Please respond with a confirmation so that I have something in writing detailing your offer.

(emphasis in original).[1]

         After further discussions between APB and Liquidity, Liquidity e-mailed APB on July 23, 2015, that it had “presented [APB's] offer to [Georgia-Pacific] for final approval.” Shortly thereafter, Liquidity sent the following e-mail to APB:

Here are the two options that [Georgia-Pacific] has brought back to close the deal on.
Option 1, basically states that for $61K, you buy insurance that will replace as many Southern Wheels as needed to eliminate that problem. [Georgia-Pacific] will manage and take care of that issue. So after any real costs, you are paying a small percentage as ...

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