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SIGNALIFE, INC. v. RUBBERMAID, INC.

No. COA08-496.

667 S.E.2d 499 (2008)

SIGNALIFE, INC., Plaintiff, v. RUBBERMAID, INC., Newell Rubbermaid, Inc., Gary Scott, and David Hicks, Defendants.

Court of Appeals of North Carolina.

October 21, 2008.

Attorney(s) appearing for the Case

Hamilton Moon Stephens Steele & Martin, P.L.L.C., by Jackson N. Steele and Mark R. Kutny, Charlotte, for plaintiff-appellant.

McGuireWoods, L.L.P., by Robert A. Muckenfuss, Charlotte, for defendant-appellees.

TYSON, Judge.

Signalife, Inc. ("plaintiff") appeals order entered granting Rubbermaid, Inc., Newell Rubbermaid, Inc., Gary Scott, and David Hicks's (collectively, "defendants") motion to dismiss plaintiff's amended complaint filed in Mecklenburg County Superior Court based upon a "prior action pending" in the United States District Court for the Western District of North Carolina. We affirm.

I. Background

Plaintiff is a medical device company...

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