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PRESTA OIL, INC. v. VAN WATERS & ROGERS CORP.

No. 02-1217-WEB.

276 F.Supp.2d 1128 (2003)

PRESTA OIL, INC., Plaintiff, v. VAN WATERS & ROGERS CORPORATION, Defendant.

United States District Court, D. Kansas.

June 20, 2003.

Attorney(s) appearing for the Case

Mark E. McFarland, Doering, Grisell & McFarland, P.A., Garden City, KS, for Plaintiff.

Wesley A. Weathers, Weathers & Riley, Topeka, KS, for Defendant.

MEMORANDUM AND ORDER

BROWN, Senior District Judge.

In this diversity action Plaintiff Presta Oil, Inc. (Presta), which operates a "Phillips 66" brand store, argues it has third-party beneficiary status under a credit card contract between Defendant Van Waters & Rogers Corporation (Van Waters) and Phillips 66 Company (Phillips). Van Waters, however, denies it is liable under any contract theory. Both parties move for summary judgment.

I. FACTS...

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