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ASBURY SQUARE, L.L.C. v. AMOCO OIL CO.

No. 4:03-CV-40199.

396 F.Supp.2d 1009 (2005)

ASBURY SQUARE, L.L.C., Plaintiff, v. AMOCO OIL COMPANY n/k/a BP Products North America Inc., Defendant.

United States District Court, S.D. Iowa, Central Division.

February 10, 2005.

Attorney(s) appearing for the Case

Stephen R. Eckley, Duncan Green Brown Langeness & Eckley PC, Des Moines, IA, James G. Sawtelle, Duncan Green Brown Langeness & Eckley PC, Denver, CO, Todd J. Locher, Locher & Locher, Farley, IA, for Plaintiff.

Robert L. Fanter, Whitfield & Eddy PLC, Des Moines, IA, Richard C. Garberson, Shuttleworth & Ingersoll, Cedar Rapids, IA, Mark S. Lillie, Bevin M. Brennan, Richard C. Godfrey, Kirkland & Ellis, Chicago, IL, for Defendant.

ORDER

GRITZNER, District Judge.

This matter now comes before the Court on Plaintiff's Motion for Leave to Amend its Second Amended Complaint. Defendant has resisted.

Plaintiff seeks to plead no new facts, but to assert additional legal theories of equitable fraud, promissory estoppel, and equitable estoppel. Defendant argues the amendment would be futile, since the Plaintiff seeks damages, rather than equitable relief, and bases the claim on a written...

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