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CHATTANOOGA CORPORATION v. KLINGLER

Civ. No. 1-81-145.

621 F.Supp. 756 (1985)

CHATTANOOGA CORPORATION, Plaintiff, v. Dale H. KLINGLER, Harlan B. Jensen, Thomas H. Church, Richard Wilkins, Lewis C. Duncan, and James W. Sauder, Defendants.

United States District Court, E.D. Tennessee, S.D.

July 26, 1985.

Attorney(s) appearing for the Case

John B. Phillips, Jr., John Seymour, Stophel, Caldwell & Heggie, Chattanooga, Tenn., Ronald T. Lindsay, Charles B. Park, III, Bell, Seltzer, Park & Gibson, Charlotte, N.C., for plaintiff.

Hugh J. Moore, Jr., Geoffrey G. Young, Witt, Gaither & Whitaker, Chattanooga, Tenn., V'Frank Asaro, Asaro & Associates, San Diego, Cal., for defendants.

MEMORANDUM

EDGAR, District Judge.

This matter presently appears before the Court on defendants' motion to dismiss, pursuant to Rules 12 and 56 of the Federal Rules of Civil Procedure and pursuant to 28 U.S.C. § 2201. Plaintiff seeks a declaratory judgment that certain patents assigned to it were not infringed by the plaintiffs. Defendants claim that plaintiff has failed to state a cause of action upon which relief may be granted and that the present...

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