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BP PRODUCTS NORTH AMERICA v. SUPER STOP 79

No.: 06-60307-CIV.

464 F.Supp.2d 1253 (2006)

BP PRODUCTS NORTH AMERICA, INC., a Maryland corporation, Plaintiff, v. SUPER STOP 79, INC., a Florida Corp. and Mahammad Qureshi, an individual, Defendants.

United States District Court, S.D. Florida, Miami Division.

December 7, 2006.

Attorney(s) appearing for the Case

Mark Blumstein, Moises Melendez, Gordon Hargrove & James, Fort Lauderdale, FL, for Plaintiff.

Emily Joyce Phillips, Ainslee R. Ferdie, Coral Gables, FL, Lee H. Schillinger, Hollywood, FL, for Defendants.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS COUNTS IX, X, AND XI

COOKE, District Judge.

THIS CAUSE is before the Court upon Defendants' Motion to Dismiss Counts IX, X, and XI, filed April 15, 2006. Plaintiff filed its response on May 19, 2006. The Defendants did not file a reply brief. The Court having reviewed the Motions finds, for the reasons set forth below, that Defendants' Motion should be denied.

I. BACKGROUND

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