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BANXCORP v. COSTCO WHOLESALE CORP.

Case No. 09-CV-1783 (KMK).

723 F.Supp.2d 596 (2010)

BANXCORP d/b/a BanxQuote, and Norbert Mehl individually d/b/a BanxQuote, Plaintiffs, v. COSTCO WHOLESALE CORPORATION, Capital One Financial Corporation, Capital One Bank (USA), N.A., and Capital One, N.A., inclusive, Defendants.

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

July 14, 2010.

Attorney(s) appearing for the Case

Nelson E. Canter, Esq., Canter Law Firm P.C., White Plains, NY, for Plaintiffs.

Nancy Jill Mertzel, Esq., Gibbons P.C. (N.Y.), New York, NY, for Defendants.

KENNETH M. KARAS, District Judge:

Plaintiffs bring this case alleging copyright infringement, hot news misappropriation, fraud, breach of contract, unfair competition, and unjust enrichment in connection with Defendants' use of Plaintiffs' BanxQuote National Average Money Market and CD rates. Defendants move to dismiss the case in its entirety. For the reasons given herein, Defendants' Motion to Dismiss is granted in part and denied in part.

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