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MERCURY MALL ASSOCIATES v. NICK'S MARKET, INC.

No. CIV.A. 4:04CV80.

342 F.Supp.2d 515 (2004)

MERCURY MALL ASSOCIATES, INC., a Virginia Corporation, Plaintiff, v. NICK'S MARKET, INC., a Virginia Corporation, and Fashion Care Cleaners, Inc., a Tennessee Corporation, and Stephen Gibson, trustee in dissolution of Fashion Care Cleaners, Inc., and Frank Gibson, trustee in dissolution of Fashion Care Cleaners, Inc. Defendant.

United States District Court, E.D. Virginia, Newport News Division.

November 3, 2004.

Attorney(s) appearing for the Case

Alan Dale Albert, LeClair Ryan PC, Norfolk, VA, for defendant.

Frank D. Gibson, Kingsport, TN, pro se. Stephen W. Gibson, Knoxville, TN, pro se.

Douglas Edwin Miller, Patten Wornom Hatten & Diamonstein LC, Newport News, VA, for plaintiff

James Harrell Shoemaker, Jr., Patten Wornom Hatten & Diamonstein LC, Newport News, VA, for plaintiff.

John Carl Valdivielso, Kaufman & Canoles, Williamsburg, VA, for defendant.

John Carl Valdivielso, Kaufman & Canoles, Williamsburg, VA, pro se.

MEMORANDUM OPINION AND ORDER

DOUMAR, District Judge.

Presently before the Court are two separate Motions to Dismiss. The Court has reviewed briefing from the affected parties and heard oral arguments on both Motions on Tuesday, October 12, 2004. The issues involved are ripe for decision.

The first Motion to Dismiss, by Defendants Stephen Gibson and Frank Gibson, involves the question whether a lawsuit for damages allegedly sustained as a result...

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