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CHILTON AIR COOLED ENGINES v. OMARK INDUSTRIES

No. 3-87-0390.

721 F.Supp. 151 (1988)

CHILTON AIR COOLED ENGINES, INC. v. OMARK INDUSTRIES, INC.

United States District Court, M.D. Tennessee. Nashville, Division.

May 5, 1988.

Attorney(s) appearing for the Case

Michael T. Reid, Neil J. Kuenn, Halfpenny, Hahn & Roche, Chicago, Ill., Thomas E. Roche, Robert M. Garfinkle, Edwin M. Walker, McMackin, Garfinkle & McLemore, Nashville, Tenn., for plaintiff.

Thomas H. Peebles, III, Nashville, Tenn., Ellen Hobbs Lyle, Trabue, Sturdivant & Dewitt, Don H. Marmaduke, Scott G. Seidman, and Philip S. Van Der Weele, Tonkon, Torp, Galen, Marmaduke & Booth, Portland, Or., for defendant.

MEMORANDUM

WISEMAN, Chief Judge.

This case comes before the Court on the defendant's motion for partial dismissal under Fed.R.Civ.P. 12(b)(6).1

Omark Industries, Inc., an Oregon corporation licensed to do business in Tennessee, is a manufacturer of Oregon brand products, including cutting chains, chain saw products, parts, and accessories. On December 1, 1981, Chilton Air Cooled Engines, Inc., a Tennessee corporation...

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