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TELEVISION EVENTS & MARKETING v. AMCON DISTRIBUT.

Civ. No. 05-00259 ACK/KSC.

488 F.Supp.2d 1071 (2006)

TELEVISION EVENTS & MARKETING, INC., a Hawaii Corporation, Plaintiff, v. AMCON DISTRIBUTING CO., a Delaware Corporation; The Beverage Group, Inc., a Delaware Corporation; The Beverage Group aka Amcon Beverage Company; Amcon Corporation, a Delaware Corporation; and William F. Wright, Defendants. Amcon Distributing Co., a Delaware Corporation; and The Beverage Group, Inc., a Delaware Corporation, Counter Claimants, v. Television Events & Marketing, Inc., a Hawaii Corporation; Archie J. Thornton; and the Thornton Works, Inc., a California Corporation, Counter Defendants.

United States District Court, D. Hawai`i.

September 12, 2006.

Attorney(s) appearing for the Case

David A. Nakashima, Paul Alston, Alston Hunt Floyd & Ing, Honolulu, HI, for Plaintiff.

Robert A. Marks, Price Okamoto Himeno & Lum, Honolulu, HI, Michael J. Holmes, Allen Matkins Leek Gamble Mallory Natsis LLP, San Diego, CA, for Defendants.

Clyde J. Wadsworth, Alston Hunt Floyd & Ing, Honolulu, HI, for Plaintiff/Counter Defendant.

Christian K. Adams, Jeffrey S. Portnoy, Cades Schutte, Honolulu, HI, for Counter Defendants.

Gary G. Grimmer, Steven M. Egesdal, Carlsmith Ball, Honolulu, HI, for Defendants/Counter Claimants.

ORDER GRANTING IN PART AND DENYING IN PART COUNTER DEFENDANTS' MOTION TO DISMISS COUNTERCLAIM

KAY, District Judge.

BACKGROUND

The subject of this controversy arises out of Television Events & Marketing, Inc.'s ("Plaintiff' or "TEAM") allegations that the following Defendants are liable for the breach of two License Agreements and misrepresentations: (1) AMCON Distributing Company ("Distributing"); (2) The Beverage Group...

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