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PREMIER EXHIBITIONS, INC. v. MARMARGAR, INC.

Civil Action No. 2:12cv544.

908 F.Supp.2d 741 (2012)

PREMIER EXHIBITIONS, INC. and RMS Titanic, Inc., Plaintiffs and Counter Defendants, v. MARMARGAR, INC., Defendant and Counterclaimant.

United States District Court, E.D. Virginia, Norfolk Division.

December 6, 2012.

Attorney(s) appearing for the Case

Robert William McFarland , Erin Quinn Ashcroft , Sarah Kate McConaughy , Shepherd D. Wainger , McGuireWoods LLP, Norfolk, VA, Robert J. Waddell, Jr. , McGuire Woods LLP, Atlanta, GA, for Plaintiffs and Counter Defendants.

Marissa Ariana Coheley , Michelle Lynn Merola , Ryan King Cummings , Hodgson Russ LLP, Buffalo, NY, Steven Douglas McLain , Kalbaugh Pfund & Messersmith PC, Richmond, VA, Ryan T. Pumpian , Bryan Cave, LLP, Atlanta, GA, for Defendant and Counterclaimant.

MEMORANDUM OPINION AND ORDER

REBECCA BEACH SMITH, Chief Judge.

This matter comes before the court on the Motion to Dismiss [Counterclaim] for Failure to State a Claim ("Motion to Dismiss"), filed by Premier Exhibitions, Inc. ("Premier") and RMS Titanic, Inc. ("RMST"), pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 17.)

I. Factual and Procedural Background

This is a declaratory...

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