District Court, E.D. Virginia February 28, 2005, CIV.A. 4:04CV80 (Mercury Mall Associates, Inc. v. Nick's Market, Inc.)

MEMORANDUM OPINION AND ORDER

DOUMAR, District Judge.

On November 3, 2004, this Court issued a Memorandum Opinion and Order granting in part and denying in part a motion to dismiss filed by Defendant Nick’s Markets, Inc.

See Mercury Mall

Assoc.,

Inc. v. Nick’s Market, Inc.,

342 F.Supp.2d 515 (E.D.Va.2004). A recent opinion by the United States Supreme Court,

Cooper Industries v.