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  5. 635 F.Supp.2d 1016 (2009)
 

HUBBS MACH. & MFG., INC. v. BRUNSON INSTRUMENT CO.

No. 4:09-CV-701 CAS.

635 F.Supp.2d 1016 (2009)

HUBBS MACHINE & MANUFACTURING, INC., Plaintiff, v. BRUNSON INSTRUMENT CO., Defendant.

United States District Court, E.D. Missouri, Eastern Division.

July 1, 2009.

Attorney(s) appearing for the Case

Charles C. McCloskey, IV, Law Office of Charles C. McCloskey, LLC, St. Louis, MO, for Plaintiff.

Daniel E. Sakaguchi, Stephen H. Rovak, Sonnenschein and Nath, LLP, St. Louis, MO, for Defendant.

MEMORANDUM AND ORDER

CHARLES A. SHAW, District Judge.

This matter is before the Court on defendant Brunson Instrument Co.'s ("Brunson") motion to dismiss for failure to state a claim upon which relief can be granted, under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff Hubbs Machine & Manufacturing, Inc. ("Hubbs") opposes the motion and it is fully briefed. For the following reasons, the motion to dismiss will be denied.

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