NUTRITION PHYSIOLOGY CORP. v. ENVIROS LTD.

No. Civ.A. 5:99CV0107-C.

87 F.Supp.2d 648 (2000)

NUTRITION PHYSIOLOGY CORPORATION, Plaintiff, v. ENVIROS LTD., Biotal Ltd., and Biotal, Inc., Defendants.

United States District Court, N.D. Texas, Lubbock Division.

March 9, 2000.


Attorney(s) appearing for the Case

Gregory V. Novak, Tracy W. Druce, Royston, Rayzor, Vickery, Novak & Druce, L.L.P., San Antonio, TX, for plaintiff.

James T. Nikolai, Nikolai, Mersereau & Dietz, P.A., Minneapolis, MN, Jerry M. Kolander, Jr., Fernando M. Bustos, McCleskey, Harriger, Brazill & Graf, Lubbock, TX, for Defendants.


ORDER

CUMMINGS, District Judge.

On this day the Court revisited Defendants Enviros Ltd. ("Enviros"), Biotal Ltd., and Biotal, Inc.'s, Motion to Dismiss, filed July 2, 1999. Plaintiff, Nutrition Physiology Corporation ("NPC"), filed a Response to Defendants' Motion on July 22, 1999, to which Defendants filed a Reply on August 6, 1999. On October 28, 1999, the Court denied Defendants' Motion to Dismiss for failure to state a claim and for

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