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CAPO, INC. v. DIOPTICS MEDICAL PRODUCTS

No. 04-1045.

387 F.3d 1352 (2004)

CAPO, INC., Plaintiff-Appellant, v. DIOPTICS MEDICAL PRODUCTS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: October 25, 2004.

Attorney(s) appearing for the Case

Stephen D. Milbrath, Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A., of Orlando, Florida, argued for plaintiff-appellant. Of counsel was Herbert L. Allen.

Hal K. Litchford, Litchford & Christopher, of Orlando, Florida, argued for defendant-appellee. With him on the brief was Richard C. Swank. Of counsel was David S. Bloch, McDermott, Will & Emery, of Palo Alto, California.

Before NEWMAN, LOURIE, and DYK, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Capo, Inc. appeals an order of the United States District Court for the Middle District of Florida, dismissing Capo's declaratory judgment action against Dioptics Medical Products, Inc.1 The district court held that, in exercise of its discretion, the action would not be accepted. We conclude that in refusing the action as it arose herein, the district court exceeded the discretionary authority provided by...

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