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LAPOSTA OLDSMOBILE, INC. v. GENERAL MOTORS CORP.

No. Civ.A. 5:05CV79.

426 F.Supp.2d 346 (2006)

LAPOSTA OLDSMOBILE, INC., a West Virginia corporation, Plaintiff, v. GENERAL MOTORS CORPORATION, a Delaware corporation, Defendant.

United States District Court, N.D. West Virginia.

March 31, 2006.

Attorney(s) appearing for the Case

Jeffrey J. Rokisky, Rokisky Associates, Weirton, WV, R. Craig Spickard, Douglas Moody, Jr., Myers & Fuller, PA— FL, Tallahassee, FL, for Plaintiff.

Mark S. Lillie, Renee Wicklund, Kirkland and Ellis, Chicago, IL, Wray V. Voegelin, Cassidy, Myers, Cogan & Voegelin, L.C., Wheeling, WV, for Defendant.

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT GENERAL MOTORS CORPORATION'S MOTION TO DISMISS

STAMP, District Judge.

I. Procedural History

In June 2005, plaintiff, LaPosta Oldsmobile, Inc. ("LaPosta"), filed a action against General Motors Corporation ("GM") pursuant to 20 U.S.C. § 1332, alleging unlawful termination of the dealer franchise agreement between these parties in violation of...

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