ORDER
DOWD, District Judge.
Before the Court is the motion of defendant, Marathon Petroleum Company (Marathon), to dismiss the complaint and amended complaint of plaintiff, Independent Oil and Tire Company (Independent), pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim.
I.
The facts alleged in the complaint must be accepted as true for the purposes of deciding this motion. Between August 19,
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