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  5. 993 F.Supp.2d 254 (2014)
 

GENERAL REFINING CORP. v. FEDERAL EXP. CORP.

No. CV 11-2778.

993 F.Supp.2d 254 (2014)

GENERAL REFINING CORPORATION, on behalf of themselves and as Class Representatives of all those similarly situated, Plaintiff, v. FEDERAL EXPRESS CORPORATION, Defendant.

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

January 17, 2014.

Attorney(s) appearing for the Case

Lite and Russell, by: Frank S. Russell, Esq. , West Islip, NY, for Plaintiff.

Federal Express Corporation, by: Thomas W. "Trea" Southerland III, Esq. , Terrence O. Reed, Esq. , Senior Counsel — Litigation, Memphis, TN, for Defendant.

MEMORANDUM AND ORDER

WEXLER, District Judge:

Plaintiff General Refining Corporation ("General Refining" or "Plaintiff") brings this action, on behalf of themselves and as Class Representative, claiming breach of contract and mistake under New York law against defendant Federal Express Corporation ("FedEx" or "Defendant"). Defendant moves for summary judgment under the Federal Rules of Civil Procedure

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