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  5. 754 F.Supp.2d 474 (2010)
 

CLARK STREET WINE AND SPIRITS v. EMPOROS SYSTEMS

No. 10-CV-1392.

754 F.Supp.2d 474 (2010)

CLARK STREET WINE AND SPIRITS (d/b/a Michael Towne Wine and Spirits) and 88 Seventh Avenue, Inc. (d/b/a Seventh Avenue Wine and Liquors), Plaintiffs, v. EMPOROS SYSTEMS CORPORATION, Defendant.

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

November 24, 2010.

Attorney(s) appearing for the Case

Emily Mulder Milman, Neal Gerber & Eisenberg LLP, Chicago, IL, Matthew John Galluzzo, Galluzzo & Johnson LLP, New York, NY, for Defendant.

Ryan Gordon Blanch, The Blanch Law Firm, New York, NY, for Plaintiff.

MEMORANDUM & ORDER

JACK B. WEINSTEIN, Senior District Judge.

Table of Contents

  I. Introduction .............................................................. 478
 II. Facts and Procedural History .............................................. 478
III. Contentions of the Parties, Law, and Application to Facts ................. 479
     A. Motion to Dismiss Standard ..................

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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