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STUART WEITZMAN, LLC v. MICROCOMPUTER RESOURCES

No. 07-12998.

542 F.3d 859 (2008)

STUART WEITZMAN, LLC, Plaintiff-Counter-Defendant-Appellee, v. MICROCOMPUTER RESOURCES, INC., Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 12, 2008.

Attorney(s) appearing for the Case

Patricia Zimmerman-Keenan, Theresa M.B. Van Vliet, Genovese, Joblove & Battista, Thomas M. Messana, Messana, Weinstein & Stern, P.A., Ft. Lauderdale, FL, for Appellant.

Gary Thomas Stiphany, Garbett, Bronstein, Stiphany & Allen, P.A., Miami, FL, Chester Rothstein, Amster, Rothstein & Ebenstein, New York City, for Appellee.

Before ANDERSON, HULL and SILER, Circuit Judges.

ANDERSON, Circuit Judge:

Microcomputer Resources, Inc. ("MCR") appeals the district court's grant of summary judgment in favor of Stuart Weitzman, LLC ("Weitzman") in this declaratory judgment action, arguing both that the district court lacked subject matter jurisdiction, and that summary judgment was inappropriate due to the existence of genuine issues of material fact. We do not reach the merits of MCR's appeal because we conclude that the district court was without...

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