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THE PANTRY, INC. v. STOP-N-GO FOODS, INC.

No. IP 88-1345-C.

777 F.Supp. 713 (1991)

THE PANTRY, INC., Plaintiff, v. STOP-N-GO FOODS, INC., and Tri-state Stop-N-Go, Inc., Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

October 22, 1991.

Attorney(s) appearing for the Case

William C. Barnard, Frank J. DeVeau, Donald C. Biggs, Sommer & Barnard, P.C., Indianapolis, Ind., for plaintiff.

Robert F. Wagner, R. Robert Stommel, Lewis Bowman St. Clair & Wagner, Indianapolis, Ind., for defendants.

MEMORANDUM ENTRY DISCUSSING COURT'S DISPOSITION OF DEFENDANTS' MOTIONS TO DISMISS COUNTS III, IV AND V OF PLAINTIFF'S AMENDED COMPLAINT

TINDER, District Judge.

Each of the matters discussed below is before the court on defendants' motions to dismiss, filed May 30, 1989 and August 5, 1991.

I. Motion to Dismiss Count III

Count I of plaintiff's complaint states a claim for damages resulting from defendants' breach of a purchase agreement...

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