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COLLEGE SAV. BANK v. FLORIDA PREPAID EDUC. EXP. BD.

Civ. Nos. 95-4516 (GEB), 94-5610 (GEB).

948 F.Supp. 400 (1996)

COLLEGE SAVINGS BANK, Plaintiff, and United States of America, Intervenor-Plaintiff, v. FLORIDA PREPAID POSTSECONDARY EDUCATION EXPENSE BOARD, Defendant.

United States District Court, D. New Jersey.

December 13, 1996.

Attorney(s) appearing for the Case

Arnold B. Calmann, Saiber, Schlesinger, Satz & Goldstein, Newark, NJ, Kevin J. Culligan, Steven C. Cherny, Robert W. Morris and Mitchell S. Bompey, Fish & Neave, New York City, for plaintiff College Savings Bank.

Robert G. Shepherd, Mathews, Woodbridge & Collins, Princeton, NJ, Anne E. Hendricks, Eckert, Seamans, Cherin & Mellott, Marlton, NJ, for defendant Florida Prepaid Postsecondary Education Expense Board.

W. Scott Simpson, U.S. Department of Justice, Civil Division, Washington, DC, for intervenor-plaintiff U.S.

MEMORANDUM OPINION

GARRETT E. BROWN, Jr., District Judge.

This matter comes before the Court on the motions of defendant, Florida Prepaid Postsecondary Education Expense Board, to dismiss plaintiff's Patent Act Claim (Civ. No. 94-5610) and Lanham Act Claim (Civ. No. 95-4516) pursuant to FED.R.CIV.P. 12(h)(3). For the reasons set forth herein, the Court will grant defendant's motion to dismiss the Lanham Act Claim and deny defendant's motion to dismiss the...

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