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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN VOLKSWAGEN, INC., et. al., Plaintiffs vs. CENTRIX FINANCIAL, LLC, Defendant * * * * * Case No. RWT 04-cv-2577 * * * *

MEMORANDUM OPINION The Plaintiffs, Southern Volkswagen, Inc. and seven other car dealers, filed a Complaint in the Circuit Court for Prince George's County, Maryland asserting claims for damages and equitable relief based on alleged violations of state antitrust statutes and the commission of various torts by the Defendant Centrix Financial, LLC ("Centrix"), a financial services firm that arranges financing for "creditchallenged individuals." After removing the case to this Court, Centrix filed a Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim upon which relief can be granted. The Court has considered the memoranda of the parties and the arguments of counsel. For reasons explained below, the Motion will be granted with thirty days leave granted to file an Amended Complaint conforming to the requirements of this opinion.

BACKGROUND As part of its business as a financing services firm1 Centrix enters into dealer agreements with car

According to Centrix's website, "CENTRIX does not make auto loans itself. Rather, the Company has developed a national network of financial institutions to fulfill lending needs." www.centrixfinancial.com/financialinstitutions/index.html

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dealerships. The Plaintiffs' most significant allegations stem from the alleged refusal by Centrix to enter into such a dealer agreement with them. Plaintiffs allege that Centrix entered into dealer agreements with their competitors in Maryland and Virginia, but refused, and continues to refuse, to enter into an agreement with them. Compl.

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Maryland Law