RULING ON MOTION
DAWKINS, Senior District Judge.
This is a market value royalty suit which now is before us on defendant's motion for partial dismissal. After a hearing on January 18, 1979, the motion was taken under advisement and the parties were ordered to submit supplemental memoranda. After careful consideration of the record, briefs, and arguments of counsel, we grant in part and deny in part defendant's motion.
FACTS AND BACKGROUND
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