Asbury Square, L.L.C. v. Amoco Oil Co.

ORDER DENYING DEFENDANT’S MOTION TO DISMISS AND GRANTING PLAINTIFF’S REQUEST FOR LEAVE TO AMEND

GRITZNER, District Judge.

This matter comes before the Court on Defendant’s Motion to Dismiss Count II pursuant to Federal Rule of Civil Procedure 12(b)(6) (Clerk’s No. 4). A hearing on this motion was held on September 23, 2003. Plaintiff was represented by James G. Sawtelle and Stephen R. Eckley, with Mr. Sawtelle presenting oral argument resisting Defendant’s motion; Defendant was represented by Mark S. Lillie and Robert L. Fanter, with Mr. Lillie presenting oral argument supporting Defendant’s…