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PURPLE ONION FOODS v. BLUE MOOSE OF BOULDER

No. Civ98-0758 BBJHG.

45 F.Supp.2d 1255 (1999)

PURPLE ONION FOODS, INC., a New Mexico corporation, Plaintiff, v. BLUE MOOSE OF BOULDER, INC., a Colorado corporation, and Curtis Tellam, an individual, Defendants.

United States District Court, D. New Mexico.

April 14, 1999.

Attorney(s) appearing for the Case

Gregory D. Huffaker, Jr., Edward C. Bagley, Huffaker & Conway, Santa Fe, NM, for plaintiffs.

Mary E. Walta, White Koch Kelly & McCarthy, Santa Fe, NM, for defendants.

MEMORANDUM OPINION AND ORDER

BLACK, District Judge.

THIS MATTER is before the Court for consideration of a motion to dismiss filed by Defendant Blue Moose of Boulder, Inc. ("Blue Moose") and a motion to dismiss filed by Plaintiff (Docs.5, 51). Having considered the submissions of the parties and the applicable law, the Court will DENY Plaintiff's motion to dismiss the counterclaim filed by Defendant Tellam, and will hold in abeyance Blue Moose's motion...

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