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CONOCOPHILLIPS v. 261 EAST MERRICK ROAD CORP.

No. 023 CV 6575 SLT.

428 F.Supp.2d 111 (2006)

CONOCOPHILLIPS, Phillips Petroleum Company and Tosco Corporation, Plaintiffs, v. 261 EAST MERRICK ROAD CORP., d/b/a Freeport Exxon, Adelmo Cioffi, Madeline Cioffi and Adnan Kiriscioglu and Gulden, Inc., Defendants.

United States District Court, E.D. New York.

March 31, 2006.

Attorney(s) appearing for the Case

Carl S. Levine, Brad Schlossberg, Lamb & Barnosky, LLP, Jericho, NY, for Plaintiffs.

Stuart Perlmutter, Davidoff Malito & Hutcher LLP, Garden City, NY, for Defendants.

MEMORANDUM and ORDER

TOWNES, District Judge:

Plaintiffs, who are licensed to use the "Exxon" trademark and who refine and market motor fuels and other petroleum products in New York under that brand, bring this diversity action alleging, inter alia, that defendants breached agreements relating to the operation of a retail gasoline service station. Plaintiffs now move pursuant to Rule 56 of the Federal Rules of Civil Procedure for summary judgment...

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