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FOOD LION, LLC v. SCHUSTER MARKETING CORP.

No. 505CV303FL1.

382 F.Supp.2d 793 (2005)

FOOD LION, LLC, Plaintiff, v. SCHUSTER MARKETING CORPORATION D/B/A Schuster Marketing, Defendant.

United States District Court, E.D. North Carolina. Western Division.

August 9, 2005.

Attorney(s) appearing for the Case

John T. Benjamin, Jr., Law Office of John T. Benjamin, Jr., Mitchell A. Meyers, Law Office of John Benjamin, Jr., Raleigh, NC, for Food Lion, LLC, plaintiff.

Keith A. Satisky, Satisky & Silverstein, Raleigh, NC, for Schuster Marketing Corporation, d/b/a Schuster Marketing, defendant.

ORDER

FLANAGAN, Chief Judge.

This matter is before the court upon plaintiff's motion to dismiss defendant's third counterclaim (DE # 3) pursuant to Federal Rule of Civil Procedure 12(b)(6). Defendant responded in opposition, and the time for replies has passed. In this posture, the matter is ripe for ruling. For the following reasons, the court denies plaintiff's motion to dismiss.

STATEMENT OF THE CASE

Plaintiff filed a complaint in state...

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