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RACETRAC PETROLEUM, INC. v. ACE AMERICAN INS. CO.

No. 1:10-cv-2162-WSD.

841 F.Supp.2d 1286 (2011)

RACETRAC PETROLEUM, INC., a Georgia Corporation, Plaintiff, v. ACE AMERICAN INSURANCE COMPANY, a Pennsylvania corporation, Defendant.

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

April 4, 2011.

Attorney(s) appearing for the Case

Michael Scott French, Ryan D. Watstein, Wargo & French, Atlanta, GA, for Plaintiff.

Ruth M. Pawlak, Wayne David Taylor, Mozley, Finlayson & Loggins, LLP, Atlanta, GA, for Defendant.

OPINION AND ORDER

WILLIAM S. DUFFEY, JR., District Judge.

This matter is before the Court on Defendant ACE American Insurance Company's ("Ace") Motion to Dismiss [11].

I. BACKGROUND

Plaintiff RaceTrac Petroleum, Inc. ("RaceTrac") is a Georgia corporation that operates itself, or leases to third-parties, more than 500 retail locations in the southeastern United States, to sell gasoline, food, and other convenience items. (Compl. ...

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