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MG BLDG. MATERIALS, LTD. v. PAYCHEX, INC.

No. 11-CV-6165L.

841 F.Supp.2d 740 (2012)

MG BUILDING MATERIALS, LTD., Excellence Mortgage, Ltd., Plaintiffs, v. PAYCHEX, INC., Defendant.

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

January 23, 2012.

Attorney(s) appearing for the Case

Leslie J. Strieber, III, Ricardo G. Cedillo, Ryan J. Tucker, Davis Cedillo & Mendoza, Inc., San Antonio, TX, Lori Diane Massey, William H. Ford, Ford & Massey, PC, San Antonio, TX, Glenn M. Fjermedal Rochester, NY, for Plaintiffs.

Christopher Bailey Trowbridge, Wendy A. Duprey, Dallas, TX, Laura W. Smalley, Paul J. Yesawich, III, Pittsford, NY, for Defendant.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

INTRODUCTION

This action was commenced in state court in Texas in December 2008 by MG Building Materials, Ltd. ("MG") and Excellence Mortgage, Ltd. ("EML") (collectively "plaintiffs"), against Paychex, Inc. The original complaint asserted breach of contract and other claims against Paychex, arising out of a payroll administration contract ("contract") between plaintiffs and Paychex.

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