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  5. 732 F.Supp. 1340 (1989)
 

COLISEUM CARTAGE CO. v. CARLEN DISTRIBUTION SYSTEM

No. C-88-489-WS.

732 F.Supp. 1340 (1989)

COLISEUM CARTAGE COMPANY, INC. f/k/a Pacesetter Transportation Company and Consolidated/Mark, a Joint Venture Between Consolidated Stores International, Corp. and Mark Services, Inc., Plaintiffs, v. CARLEN DISTRIBUTION SYSTEM, INC., Defendant.

United States District Court, M.D. North Carolina, Winston-Salem Division.

September 1, 1989.

Attorney(s) appearing for the Case

R.T. Wilder, Jr. and Langdon M. Cooper, Gastonia, N.C., and Joseph L. Steinfeld and Robert B. Walker, Washington, D.C., for plaintiffs.

Joseph W. Grier, III, Charlotte, N.C., and Jack Pearce, Washington, D.C., for defendant.

MEMORANDUM OPINION

ERWIN, Chief Judge.

This matter is before the court on motion of plaintiffs Coliseum Cartage Company, Inc. f/k/a Pacesetter Transportation Company and Consolidated/Mark, A Joint Venture Between Consolidated Stores International Corp. and Mark Services, Inc., pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the counterclaim of the above defendant for failure to state a claim upon which relief can be granted....

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