Optima Tobacco Corporation v. U.S. Flue-Cured Tobacco Growers, Inc. et al

Filing 36

ORDER denying 31 Motion to Dismiss for Failure to State a Claim; denying 18 Motion to Dismiss for Failure to State a Claim. Whether plaintiff will survive a motion for summary judgment is an issue for another day. Signed by Chief Judge James C. Dever III on 4/10/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:16-CV-889-D

OPTIMA TOBACCO CORPORATION,

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Plaintiff,
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v.
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U.S. FLUE-CURED TOBACCO ·
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GROWERS, INC., and UETA, INC.,
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Defendants. )

ORDER

The court has considered the complaint, and each defendant's motion to dismiss under the
governing standard. See [D.E. 18, 31]; Fed. R. Civ. P. 12(b)(6). The motions to dismiss [D.E. 18,
31] are DENIED. Whether plaintiff will survive a motion for summary judgment is an issue for
another day.
SO ORDERED. This _jQ day of April2017.

Chief United States District Judge