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O.K. SAND AND GRAVEL, INC. v. MARTIN MARIETTA CORP.

No. IP 90-1051-C.

786 F.Supp. 1442 (1992)

O.K. SAND AND GRAVEL, INC., an Indiana corporation, Plaintiff, v. MARTIN MARIETTA CORPORATION, a Maryland corporation, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

February 28, 1992.

Attorney(s) appearing for the Case

R. James George, Jr., John M. Harmon, F. Michael Lawrence, Graves, Dougherty, Hearon & Moody, Austin, Tex., for plaintiff.

G. Thomas Blankenship, Blankenship & Robbins, Donald E. Knebel, Lynn C. Tyler, Barnes & Thornburg, Indianapolis, Ind., for defendant.

BARKER, District Judge.

This matter is before the court to address Martin Marietta's motion to dismiss. Upon review of the record, this court GRANTS, in part, and DENIES, in part, that motion.

I. Background

O.K. Sand and Gravel produces (not surprisingly) sand and gravel. The Martin Marietta Corporation sells (and produces) sand and gravel, as well as crushed stone and other aggregate-type material. In April 1984, the two companies signed...

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