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FEDERAL EXP. CORP. v. U.S. POSTAL SERVICE

No. Civ.A. 96-3151 DA.

55 F.Supp.2d 813 (1999)

FEDERAL EXPRESS CORPORATION, Plaintiff, v. UNITED STATES POSTAL SERVICE, Defendant.

United States District Court, W.D. Tennessee, Western Division.

June 30, 1999.

Attorney(s) appearing for the Case

Dwayne S. Byrd, R. Larry Brown, Lester A. Bishop, Jr., Federal Express Corporation, Legal Department, Memphis, TN, for Federal Express Corporation, plaintiff.

Joe A. Dycus, U.S. Attorney's Office, Memphis, TN, for United States Postal Service, defendant.

ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S THIRD COUNTERCLAIM

DONALD, District Judge.

Before the court is Plaintiff's, Federal Express Corporation, Rule 12(b)(6) motion to dismiss Defendant's, United States Parcel Service, third counterclaim for failure to state a claim upon which relief can be granted. Defendant's third counterclaim alleges that Plaintiff violated the Tennessee Consumer Protection Act of 1977 ("TCPA"), Tenn.Code Ann. §...

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