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ORLY INDUSTRY, INC. v. RITE AID HDQTRS. CORP.

No. 12-CV-855 (SLT) (JMA).

ORLY INDUSTRY, INC., Plaintiff, v. RITE AID HDQTRS. CORP., Defendant.

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

August 23, 2013.

Attorney(s) appearing for the Case

Orly Industry, Inc., Plaintiff, represented by David Lyle Stern , Stern & Stern, Esqs..

Rite Aid HDQTRS. Corp., Defendant, represented by Laura M. Leitner , Pepper Hamilton LLP & Kathleen A. Mullen , Pepper Hamilton LLP.

MEMORANDUM & ORDER

SANDRA L. TOWNES, District Judge.

Plaintiff Orly Industry, Inc. ("Orly Industry" or "Plaintiff'), brings this diversity action against Defendant Rite Aid Hdqtrs. Corp. ("Rite Aid" or "Defendant"), alleging state law claims for breach of contract, quantum meruit, and unjust enrichment with regard to the sale of plastic trash bags. Defendant has moved to dismiss the complaint pursuant to Federal Rules of Civil...

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