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  5. 754 F.Supp.2d 474 (2010)
 

CLARK STREET WINE AND SPIRITS v. EMPOROS SYSTEMS

No. 10-CV-1392.

754 F.Supp.2d 474 (2010)

CLARK STREET WINE AND SPIRITS (d/b/a Michael Towne Wine and Spirits) and 88 Seventh Avenue, Inc. (d/b/a Seventh Avenue Wine and Liquors), Plaintiffs, v. EMPOROS SYSTEMS CORPORATION, Defendant.

United States District Court, E.D. New York.

November 24, 2010.

Attorney(s) appearing for the Case

Emily Mulder Milman , Neal Gerber & Eisenberg LLP, Chicago, IL, Matthew John Galluzzo , Galluzzo & Johnson LLP, New York, NY, for Defendant.

Ryan Gordon Blanch , The Blanch Law Firm, New York, NY, for Plaintiff.

MEMORANDUM & ORDER

JACK B. WEINSTEIN, Senior District Judge.

Table of Contents

  I. Introduction .............................................................. 478
 II. Facts and Procedural History .............................................. 478
III. Contentions of the Parties, Law, and Application to Facts ................. 479
     A. Motion to Dismiss Standard ..................

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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