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WALTER OIL & GAS CORP. v. NS GROUP, INC.

Civ. A. No. G-94-230.

867 F.Supp. 549 (1994)

WALTER OIL & GAS CORPORATION, Plaintiff v. NS GROUP, INC., Newport Steel Corporation and Wilson Supply Company, Defendants.

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

October 26, 1994.

Attorney(s) appearing for the Case

Steven Lynn Roberts, Fulbright & Jaworski, Houston, TX, for Walter Oil and Gas Corp.

Stephen J. Butler, Thompson Hine & Flory, Cincinatti, OH, for Newport Steel Corp.

Jess Homer Hall, Jr., Liddell Sapp Zivley Hill & LaBoon, Houston, TX, for Wilson Supply Co.

ORDER

KENT, District Judge.

Before the Court is Defendant NS Group, Inc. and Defendant Newport Steel Corporation's (hereinafter collectively referred to as "Newport") Motion to Dismiss, or in the alternative, Motion for Partial Summary Judgment under Fed.R.Civ.P. 56(c). For the reasons stated below, Defendants' Motion to Dismiss is GRANTED in part and DENIED in part. Furthermore, Defendants' Motion for Partial Summary Judgment is DENIED.

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