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TRISTATE HVAC EQUIPMENT, LLP v. BIG BELLY SOLAR

Civil Action No. 10-1054.

836 F.Supp.2d 274 (2011)

TRISTATE HVAC EQUIPMENT, LLP, Plaintiff, v. BIG BELLY SOLAR, INC., Defendant.

United States District Court, E.D. Pennsylvania.

December 19, 2011.

Attorney(s) appearing for the Case

Anthony J. DiMarino, III, A.J. DiMarino, III P.C., Philadelphia, PA, for Plaintiff.

Christopher I. McCabe, Jacoby Donner PC, Philadelphia, PA, for Defendant.

MEMORANDUM

YOHN, District Judge.

Following my grant to TriState HVAC Equipment, LLP ("TriState") of leave to amend its complaint under Federal Rule of Civil Procedure 15(a)(2), and TriState's filing of its amended complaint, Big Belly Solar, Inc. ("Big Belly") has filed a motion under Rule 12(b)(6) to dismiss all but one of the seven counts in TriState's amended complaint. For the reasons that follow, I will grant in part and deny in part Big Belly's motion...

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