OK Sand and Gravel, Inc. v. Martin Marietta Corp.

BARKER, District Judge.

This matter is before the court to address Martin Marietta’s motion to dismiss. Upon review of the record, this court GRANTS, in part, and DENIES, in part, that motion.

I. Background

O.K. Sand and Gravel produces (not surprisingly) sand and gravel. The Martin Marietta Corporation sells (and produces) sand and gravel, as well as crushed stone and other aggregate-type material. In April 1984, the two companies signed a document titled “Letter of Intent Sales Agreement.” The intent agreement provided in part:

Martin will solicit orders for sand and gravel with a range of…