LUBRIZOL CORP. v. EXXON CORP.

Civ. A. No. H-85-2450.

632 F.Supp. 326 (1986)

The LUBRIZOL CORPORATION v. EXXON CORPORATION, Charles R. Evans, Richard D. Lower, and Gates Data Center, A Joint Venture.

United States District Court, S.D. Texas, Houston Division.

March 19, 1986.


Attorney(s) appearing for the Case

Carol Vance, Bracewell & Patterson, Houston, Tex., John M. Newman, Jr., Jones, Day, Reavis & Pogue, Cleveland, Ohio, for plaintiff.

Richard B. Miller, Miller, Keeton, Bristow & Brown, Houston, Tex., for defendants Exxon Corp., and Gates Data Center.

J. Donald Bowen, Helm, Pletcher, Hogan, Bowen & Saunders, Houston, Tex., for defendants Charles R. Evans and Richard D. Lower.


MEMORANDUM AND ORDER

DeANDA, District Judge.

Pending before the Court is Defendants' motion to dismiss Plaintiff's suit for failure to assert a claim upon which relief can be granted. Having reviewed the record and the applicable law this Court concludes that Defendants' motion to dismiss should be denied.

The background of the present lawsuit is necessary to understand Defendants' grounds for their motion to dismiss. Prior to this action, Lubrizol...

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