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INDY LUBE INVESTMENTS, L.L.C. v. WAL-MART STORES

Case No. 01-4020-JPO.

199 F.Supp.2d 1114 (2002)

INDY LUBE INVESTMENTS, L.L.C., Plaintiff, v. WAL-MART STORES, INC., et al., Defendants.

United States District Court, D. Kansas.

April 16, 2002.

Attorney(s) appearing for the Case

Bryan W. Smith, Fisher, Cavanaugh, Smith & Lemon, P.A., Topeka, KS, for Plaintiff.

F. James Robinson, Jr., Hite, Fanning & Honeyman L.L.P., Wichita, KS, William R. Sampson, David A. Rameden, Shook, Hardy & Bacon L.L.P., Overland Park, KS, for Defendants.

MEMORANDUM AND ORDER

O'HARA, United States Magistrate Judge.

I. Introduction.

This case arises from a failed commercial real estate transaction. It involves common law contract and tort claims. Pursuant to Fed.R.Civ.P. 12(b)(6), the case is before the court on the motion of defendants DVL, Inc. and Finney Associates, L.P.1 (collectively, DVL), to dismiss all of the claims asserted against DVL in the first amended...

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