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WISE RECYCLING, LLC v. M2 LOGISTICS

No. 3:12-CV-4781-P.

943 F.Supp.2d 700 (2013)

WISE RECYCLING, LLC, Plaintiff, v. M2 LOGISTICS and MPG Madean Trucking, LLC, Defendants.

United States District Court, N.D. Texas, Dallas Division.

April 26, 2013.

Attorney(s) appearing for the Case

Horace Newton Cunningham, III, Robert H. Bezucha, Roberts Cunningham & Stripling LLP, Dallas, TX, for Plaintiff.

Jeanette Drescher Green, Vic H. Henry, Henry Oddo Austin & Fletcher PC, Dallas, TX, for Defendants.

ORDER

JORGE A. SOLIS, District Judge.

Now before the Court is Defendant's Motion to Dismiss pursuant to Rule 12(b)(6), filed on February 14, 2013. (Doc. 7.) Plaintiff filed a Response on March 7, 2013. (Doc. 8.) Defendant filed a Reply on March 21, 2013. (Doc. 11.) After reviewing the parties' briefing, the evidence, and the applicable law, the Court GRANTS in part and DENIES in part Defendant's Motion to Dismiss.

I. Background

Plaintiff...

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