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TEXAS TACO CABANA, L.P. v. TACO CABANA OF NEW MEXICO

No. CIV. A. SA-02-CV-120.

304 F.Supp.2d 903 (2003)

TEXAS TACO CABANA, L.P., a Texas Limited Partnership, and T.C. Management, Inc., a Delaware Corporation, Plaintiffs, v. TACO CABANA OF NEW MEXICO, INC., a New Mexico Corporation, and T.M.S. Enterprises Limited Partnership, a New Mexico Limited Partnership, Defendants. Taco Cabana of New Mexico, Inc., and T.M.S. Enterprises Limited Partnership, Counter Plaintiffs, v. Texas Taco Cabana, L.P., T.C. Management, Inc., Carrols Corporation, Counter Defendants and Third-Party Defendants.

United States District Court, W.D. Texas. San Antonio Division.

July 16, 2003.

Attorney(s) appearing for the Case

Judith R. Blakeway, Strasburger & Price, L.L.P., R. Laurence Macon, Mary Claire Fischer, Akin, Gump, Strauss, Hauer & Feld, San Antonio, TX, Jeffrey J. Mayer, Freeborn & Peters, Chicago, IL, for plaintiffs/third-party defendant/counter-defendants.

Francisco Javier Garza, Davidson & Troilo, San Antonio, TX, W. Michael Garner, Sarah A. Johnston, Dady & Garner, P.A., Minneapolis, MN, for defendants/counter-plaintiffs.

ORDER CONCERNING MOTION TO DISMISS

PRADO, District Judge.

On this date the Court considered Counter-Defendants' motion to dismiss filed in the above numbered and styled cause. After considering the motion and Counter-Plaintiffs' response, the Court will deny the motion in part and grant the motion in part.

Factual Background

In this lawsuit, Plaintiffs Texas Taco Cabana and T.C. Management seek a declaratory judgment that Defendants have...

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