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EXACT SOFTWARE NORTH AMERICA v. INFOCON, INC.

No. 3:03CV7183.

479 F.Supp.2d 702 (2006)

EXACT SOFTWARE NORTH AMERICA, INC., Plaintiff v. INFOCON, INC., Defendant.

United States District Court, N.D. Ohio, Western Division.

December 5, 2006.

Attorney(s) appearing for the Case

Karen Kelly Grasso, Goldman & Rosen, Akron, OH, for Plaintiff.

John M. Carey, Watkins, Robert W. Bohmer, Bates & Carey, Toledo, OH, J. Fox Demoisey, Demoisey Law Offices, Louisville, KY, for Defendant.

ORDER

CARR, Chief Judge.

This case began as a collection action by the plaintiff, Exact Software North America, Inc. [ESNA], against the defendant, Infocon, Inc. ESNA claimed that Infocon owed monies to ESNA that Infocon had received from its customers.

ESNA is a successor through merger to Macola, Inc., a Marion, Ohio, producer of software.

Infocon, which had been a "reseller" [i.e., distributor] of software produced by Macola, counterclaimed...

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