Topp, Inc. v. Uniden America Corp.

ORDER GRANTING UNIDEN’S MOTION TO DISMISS COUNT 4 (FRAUD)

FEDERICO A. MORENO, District Judge.

THIS CAUSE came before the Court upon Uniden’s Motion to Dismiss Topp’s Amended Count 4 (Fraud) (D.E. No. 290), filed on April 26,2007.

Topp, Inc. was formerly in the business of refurbishing and reselling cordless telephones. The company had a longstanding business relationship with Uniden American Corporation, a phone manufacturer and retailer, to refurbish and resell returned Uniden phones. At one time, Topp sold refurbished Uniden phones throughout the United States, Canada and Latin America. Topp…