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HSMY, INC. v. GETTY PETROLEUM MARKETING, INC.

No. CIV.A. 05-818-JJF.

417 F.Supp.2d 617 (2006)

HSMY, INC., a Delaware Corporation, a/k/a H.S.M.Y., Inc., Plaintiff, v. GETTY PETROLEUM MARKETING, INC., a Maryland Corporation, Defendant.

United States District Court, D. Delaware.

March 2, 2006.

Attorney(s) appearing for the Case

John C. Andrade, Esquire of Parkowski, Guerke, & Swayze, P.A., Wilmington, DE, for Plaintiff.

Matt Neiderman, Esquire of Duane Morris LLP, Wilmington, DE, for Defendant.

MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court is Defendant's Motion To Dismiss The Complaint (D.I.3). For the reasons discussed, the Motion will be granted in part and denied in part.

I. BACKGROUND

The following facts are alleged in Plaintiffs Amended Complaint (D.I.15). Plaintiff was engaged in the retail motor fuel and convenience store business at two locations in Delaware under the trade name...

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