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ALBIE'S FOODS, INC. v. MENUSAVER, INC.

No. 01-10022-BC.

170 F.Supp.2d 736 (2001)

ALBIE'S FOODS, INC., Plaintiff, v. MENUSAVER, INC., Defendant.

United States District Court, E.D. Michigan, Northern Division.

November 1, 2001.

Attorney(s) appearing for the Case

John E. Nemazi, Robert C. Brandenburg, Kevin J. Heinl, Brooks & Kushman, Southfield, MI, for plaintiff.

Robert V. Vickers, Body, Vickers, Cleveland, OH, Daniel S. Opperman, Braun, Kendrick, Saginaw, MI, for defendant.

OPINION AND ORDER DISMISSING CASE PURSUANT TO THE FEDERAL DECLARATORY JUDGMENT ACT

LAWSON, District Judge.

The plaintiff, Albie's Foods, Inc. (Albie's), filed a complaint in this Court on January 11, 2001 seeking a declaratory judgment as to the invalidity of a certain patent purportedly assigned to the defendant. The defendant filed a motion to dismiss under Fed.R.Civ.P. 12(b) on May 17, 2001 and the plaintiff filed a motion for leave...

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