Bp Products North America, Inc. v. Giant Oil, Inc.

ORDER

JAMES S. MOODY, JR., District Judge.

THIS CAUSE comes before the Court upon Defendants’ Motion to Dismiss and Combined Memorandum of Law (Dkt.7), and Plaintiff BP’s Memorandum in Opposition to Defendant’s Motion to Dismiss (Dkt.8). The Court, having considered the motion, memorandum, complaint, and being otherwise advised in the premises, concludes that Defendants’ Motion to Dismiss should be denied.

BACKGROUND

On September 9, 2005, BP Products of North America, Inc. (hereinafter referred to as “BP” or “Plaintiff’) and Giant Oil., Inc., a Florida Corporation (“Giant Oil”) created a…