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EVER-GOTESCO RESOURCES AND HOLDINGS v. PRICESMART

No. 01-CV-2357 W(LAB).

192 F.Supp.2d 1040 (2002)

EVER-GOTESCO RESOURCES AND HOLDINGS, INC., and PriceSmart Trading Philippines, Inc., Plaintiffs, v. PRICESMART, INC., Defendant.

United States District Court, S.D. California.

February 12, 2002.

Attorney(s) appearing for the Case

Craig I. Celniker, Charles S. Evendorff, Helen S. Irza, Morrison & Foerster, San Diego, CA, for Plaintiffs.

Joseph J. Wheeler, Allison C. Rosenstock, Leigh A. Bradberry, Latham & Watkins, San Diego, CA, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

WHELAN, District Judge.

On January 14, 2002 Defendant PriceSmart, Inc. ("PriceSmart") moved to dismiss this action on five separate grounds: (1) lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure; (2) failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; (3) absence of an indispensable party...

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