Three D Departments, Inc. v. K Mart Corp.

MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

This action arises out of a license agreement between plaintiff Three D Depart ments, Inc. (“Three D”) and defendant K Mart Corporation (“K Mart”) for the operation of “bed-and-bath” departments in K Mart’s Designer Depot stores. Three D alleges that K Mart breached express and implied terms of the contract, and committed fraud, by inducing Three D to expand its operations and then terminating the agreement.

K Mart has moved to dismiss the complaint pursuant to Rules 9(b), 10(b) and 12(b)(6) of the Federal Rules of Civil Procedure. This…