MEMORANDUM OPINION AND ORDER
ANN D. MONTGOMERY, District Judge.
I. INTRODUCTION
On July 31, 2008, the undersigned United States District Judge heard argument on Defendant Pictometry International Corporation's ("Pictometry") Motion to Dismiss [Docket No. 10] Counts II and III of Plaintiff Geospan Corporation's ("Geospan") Complaint [Docket No. 1]. For the reasons set forth below, Pictometry's Motion is granted.
II. BACKGROUND
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