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DISCOVER GROUP, INC. v. LEXMARK INTERN., INC.

No. 03-CV-3796-ILG.

333 F.Supp.2d 78 (2004)

DISCOVER GROUP, INC. and American Toner Products, Inc., Plaintiffs, v. LEXMARK INTERNATIONAL, INC., Defendant.

United States District Court, E.D. New York.

September 2, 2004.

Attorney(s) appearing for the Case

Solomon E. Antar, Brooklyn.

William M. Murphy, Robinson Murphy & McDonald, New York.

MEMORANDUM & ORDER

GLASSER, District Judge.

Before the Court is the motion of defendant Lexmark International, Inc. ("Lexmark" or "defendant") to dismiss the complaint of plaintiffs Discover Group, Inc. ("Discover Group") and American Toner Products, Inc. ("American Toner") for failure to state a claim upon which relief can be granted. For the reasons that follow, Lexmark's motion is granted.

FACTUAL BACKGROUND

Plaintiffs American...

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