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The Steak Umm Company, LLC v. Steak 'em Up

August 23, 2011

THE STEAK UMM COMPANY, LLC,
PLAINTIFF
v.
STEAK 'EM UP, INC., DEFENDANT



The opinion of the court was delivered by: Lawrence F. Stengel, J.

ORDER

AND NOW, this 23rd day of August, 2011, upon careful consideration of the parties' motions for summary judgment, IT IS HEREBY ORDERED that:

1. The plaintiff's motion for summary judgment (Document No. 45) is DENIED.

2. The defendant's motion for summary judgment (Document No. 46) is GRANTED in part and DENIED in part as follows:

a. The defendant's motion is DENIED as to Counts One and Two of plaintiff's complaint.

b. The defendant's motion is GRANTED as to Count Three of plaintiff's complaint.

c. The defendant's motion is GRANTED as to plaintiff's claims for actual damages, treble damages, an accounting of profits, and attorneys' fees.

3. The defendant's motion for leave to file excess pages (Document No. 51) is DENIED as moot.

BY THE COURT:

Lawrence F. Stengel

20110823

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