MEMORANDUM OPINION AND ORDER
TOM S. LEE, District Judge.
This cause is before the court on the motion of defendant Orval Kent Food Company (Kent) to dismiss plaintiff's claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief may be granted. Plaintiff Furr Marketing, Inc. (Furr) filed timely response to the motion, and the court has considered the memoranda of the parties in reaching its decision...
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