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  5. 828 F.Supp. 773 (1993)
 

J.F. FONG, INC. v. SPARTA SURGICAL CO., INC.

No. SA CV 93-612-LHM.

828 F.Supp. 773 (1993)

J.F. FONG, INC., dba American Imex, a California corporation, Plaintiff, v. SPARTA SURGICAL COMPANY, INC., a Delaware corporation, Defendant.

United States District Court, C.D. California.

July 9, 1993.

Attorney(s) appearing for the Case

Donald M. Cislo, Daniel M. Cislo, Cislo & Thomas, Santa Monica, CA, for plaintiff.

Samuel M. Shafner, Shafner & Gilleran, Boston, MA, Stephen Donovan, Laguna Hills, CA, for defendant.

ORDER DISMISSING ACTION WITHOUT PREJUDICE

McLAUGHLIN, District Judge.

On June 10, 1993, the Court ordered the Plaintiff and Defendant to show cause why the action should not be dismissed without prejudice. Having read and considered the Response, Reply, and Rebuttal to Reply, together with reviewing the Complaint, the Court exercises its discretion and dismisses the action without prejudice for the reasons set forth below.

1. Burden.

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