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SPARK ENERGY GAS, LP v. TOXIKON CORP.

Civil Action No. 11-11452-JGD.

864 F.Supp.2d 210 (2012)

SPARK ENERGY GAS, LP, Plaintiff, v. TOXIKON CORPORATION, Defendant.

United States District Court, D. Massachusetts.

May 16, 2012.

Attorney(s) appearing for the Case

Emily C. Shanahan , Kerry T. Ryan , Tarlow, Breed, Hart & Rodgers, P.C., Boston, MA, Joshua Thomas , Michelle Pector , Pengcheng Glen Shu , Baker and Hostetler LLP, Houston, TX, for Plaintiff.

Robert G. Cohen , Law Offices of Robert G. Cohen, Framingham, MA, Frederick Thomas Dietrich , The Dietrich Law Firm, Houston, TX, for Defendant.

MEMORANDUM OF DECISION AND ORDER ON DEFENDANT'S MOTION TO STAY OR DISMISS

DEIN, United States Magistrate Judge.

I. INTRODUCTION

The plaintiff, Spark Energy Gas, LP ("Spark" or "Plaintiff"), provides natural gas services to retail customers. On May 8, 2007, Spark entered into a fixed-price contract to supply natural gas to the defendant Toxikon Corporation ("Toxikon" or "Defendant") during the period June 1, 2007...

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