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STAR TOBACCO INC. v. DARILEK

No. 4:03-CV-313.

298 F.Supp.2d 436 (2003)

STAR TOBACCO, INC., Plaintiff, v. D. David DARILEK, Jr., Jeff Cotten, Andrew Gornall, Dennis Schocron, Derek Lind, DDM Enterprises, Ltd. d/b/a Crown Distributing, Defendant.

United States District Court, E.D. Texas, Sherman Division.

December 23, 2003.

Attorney(s) appearing for the Case

Paul E. Ridley, of Kirkpatrick & Lockhart, Dallas, TX, for Plaintiffs.

Gregory William Carboy of Cowles & Thompson, Dallas, TX, Jeff C. Spahn, Jr. of Martin, Pringle, Oliver, Wallace and Bauer, Wichita, KS, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO DISMISS DEFENDANTS' COUNTERCLAIM

SCHELL, District Judge.

This matter is before the court on Plaintiff's "Motion to Dismiss Defendants' Counterclaim Pursuant to Rule 12(b)(6) and Brief in Support" (Dkt.# 10), filed October 27, 2003. After consideration of the briefing and the applicable law, the court is of the opinion that Plaintiff's motion should be granted in part and denied...

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