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VALERO MARKETING AND SUPPLY CO. v. BALDWIN CONTRACTING CO., INC.

Civil Action No. H-09-2957.

VALERO MARKETING AND SUPPLY CO., Plaintiff, v. BALDWIN CONTRACTING CO., INC., Defendant.

United States District Court, S.D. Texas, Houston Division.

March 19, 2010.

MEMORANDUM AND ORDER

EWING WERLEIN Jr., District Judge.

Pending is Defendant Baldwin Contracting Co., Inc.'s Motion to Dismiss Pursuant to Rule 12(b), and Alternative Motion to Abstain, Stay or Abate (Document No. 4). After having carefully considered the motion, supplement, responses, reply, and the applicable law, the Court concludes for the following reasons that the motion to dismiss should be granted.

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