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  5. 847 F.Supp. 1492 (1994)
 

FONOVISA, INC. v. CHERRY AUCTION, INC.

No. CV-F-93-5116-REC.

847 F.Supp. 1492 (1994)

FONOVISA, INC., Plaintiff, v. CHERRY AUCTION, INC., Richard Pilegard, W.D. Mitchell, and Margaret Mitchell, Defendants.

United States District Court, E.D. California.

March 21, 1994.

Attorney(s) appearing for the Case

Jeffrey M. Thompson and Craig E. Lindberg, Callahan and Gauntlett, Irvine, CA, for plaintiff.

Stephen Roy Cornwell, McCormick Barstow Sheppard Wayte and Carruth, Fresno, CA, for defendants.

ORDER RE DEFENDANTS' MOTION FOR DISMISSAL

COYLE, Chief Judge.

On October 25, 1993, this Court heard defendants' motion for dismissal of the complaint pursuant to Fed.R.Civ. 12(b)(6). Upon consideration of the written and oral arguments of the parties and the record set forth herein, the motion is granted for the following reasons.

I. BACKGROUND

Defendants operate the Cherry Auction swap meet where independent vendors set up booths...

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