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AUDELL PETROLEUM CORP. v. SUBURBAN PARACO CORP.

No. 94-CV-3751 (DRH).

903 F.Supp. 364 (1995)

AUDELL PETROLEUM CORPORATION, and McGraw Street Realty Corporation, Plaintiffs, v. SUBURBAN PARACO CORPORATION, d/b/a Paraco Gas, Defendant.

United States District Court, E.D. New York.

September 29, 1995.

Attorney(s) appearing for the Case

Certilman Balin Adler & Hyman by Thomas J. McNamara, East Meadow, New York, for plaintiffs.

The Vincent A. DeIorio Law Firm by Patrick V. DeIorio, Purchase, New York, for defendant.

MEMORANDUM AND ORDER

HURLEY, District Judge.

Presently before the Court is a Motion to Dismiss by Suburban Paraco Corporation ("Defendant"), pursuant to Federal Rule of Civil Procedure 12(b)(6) ("Rule 12(b)(6)"), for failure to state a claim for an illegal tying arrangement. For the reasons set forth below, Defendant's motion is denied.

Background

In July 1991, McGraw Street Realty Corporation ("McGraw") and Defendant entered...

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