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PHOENIX RENOVATION CORP. v. RODRIGUEZ

No. 1:05CV1196 (JCC).

403 F.Supp.2d 510 (2005)

PHOENIX RENOVATION CORP., d/b/a Phoenix Construction, Inc. and Plumbing Express Plaintiff, v. Peter RODRIGUEZ, et al. Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

December 8, 2005.

Attorney(s) appearing for the Case

David Hirst Bruns, Williams Mullen PC, McLean, VA, for Plaintiff.

Lawrence Joseph McClafferty, McClandish & Lillard, Leesburg, VA, for Defendants.

MEMORANDUM OPINION

CACHERIS, District Judge.

This matter comes before the Court on Defendants' Motion to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. For the following reasons, the Court will grant Defendants' Motion in part and deny it in part.

I. Background

Plaintiff, Phoenix Renovation Corporation ("Phoenix"), is a plumbing company that specializes in the niche market of polybutylene...

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