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FEDERAL EXP. CORP. v. UNITED PARCEL SERVICE, INC.

No. 09-2269 Ma/P.

765 F.Supp.2d 1011 (2010)

FEDERAL EXPRESS CORPORATION, Plaintiff, v. UNITED PARCEL SERVICE, INC., Defendant.

United States District Court, W.D. Tennessee, Western Division.

September 22, 2010.

Attorney(s) appearing for the Case

Colleen D. Hitch , Connie Lewis Lensing , R. Jeffery Kelsey , Federal Express Corporation, Memphis, TN, for Plaintiff.

David C. Wade , Martin Tate Morrow & Marston, Memphis, TN, Bruce William Baber , Elizabeth Bienko Brown , Elizabeth Moore Fox , Paul J. Murphy , Stephen M. Schaetzel, King & Spalding LLP, Atlanta, GA, for Defendant.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS AMENDED COMPLAINT

TU M. PHAM, United States Magistrate Judge.

Before the court is defendant United Parcel Service, Inc.'s ("UPS") Motion to Dismiss Amended Complaint. (D.E. 29.) Plaintiff Federal Express Corporation ("FedEx") filed a response in opposition, and UPS filed a reply. For the reasons below, UPS's motion is GRANTED in part and DENIED in part.1

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