Lorillard Tobacco Co. v. Van Dyke Liquor Market, Inc.

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF LORILLARD TOBACCO COMPANY’S MOTION FOR SUMMARY JUDGMENT AS TO LIABILITY(DOCK.NO. 24)

BORMAN, District Judge.

Now before the Court is Plaintiff Loril-lard Tobacco Company’s Motion for Summary Judgment as to Liability (Dock. No. 24). The Court held a motion hearing on November 22, 2006. Having considered the entire record, and for the reasons that follow, the Court GRANTS IN PART and DENIES IN PART Plaintiffs Motion for Summary Judgment as to Liability.

I. FACTS

Plaintiff Lorillard Tobacco Company (“Plaintiff’ or “Lorillard”) is a…