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ORION'S BELT, INC. v. KAYSER-ROTH CORP.

No. IP 75-539-C.

433 F.Supp. 301 (1977)

ORION'S BELT, INC. v. KAYSER-ROTH CORP.

United States District Court, S. D. Indiana, Indianapolis Division.

June 28, 1977.

Attorney(s) appearing for the Case

Dann, Pecar, Newman, Talesnick & Kleiman by Lawrence F. Dorocke, Indianapolis, Ind., for plaintiff.

Barnes, Hickam, Pantzer & Boyd, by Stephen K. Smith, Indianapolis, Ind., for defendant.

ORDER

STECKLER, Chief Judge.

This matter is before the Court on defendant's assertion in its Amended Answer of an affirmative defense and plaintiff's response in the form of a Motion to Strike Defendant's Fourth Affirmative Defense. The Fourth Defense states that the allegations of Count III of plaintiff's complaint fail to state a claim upon which relief can be granted and will be treated as a motion to dismiss Count III of plaintiff's complaint.

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