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AMERICAN CASUAL DINING v. MOE'S SOUTHWEST GRILL

No. Civ.A. 1:04CV3356TWT.

426 F.Supp.2d 1356 (2006)

AMERICAN CASUAL DINING, L.P., a Texas limited partnership, Plaintiff v. MOE'S SOUTHWEST GRILL, L.L.C., Defendant.

United States District Court, N.D. Georgia, Atlanta Division.

April 5, 2006.

Attorney(s) appearing for the Case

Harold Stephen Harris, Jr., Alston & Bird, Atlanta, GA, Jason R. Asmus, Matthew D. Forsgren, Briggs & Morgan, Minneapolis, MN, for Plaintiff.

Jason S. Bell, Smith Gambrell & Russell, Atlanta, GA, for Defendant.

OPINION AND ORDER

THRASH, District Judge.

This is a breach of contract action arising out of a franchise agreement. It is before the Court on the Defendant's Motion to Dismiss [Doc. 3]. The Joint Motion For Extension of Stay [Doc. 33] is DENIED. For the reasons set forth below, the Defendant's Motion to Dismiss is GRANTED IN PART and DENIED IN PART.

I. BACKGROUND

Plaintiff American Casual Dining, L.P. ("American Casual") is...

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