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MARIO'S ENTERPRISES v. MORTON-NORWICH PRODUCTS

No. C 79-0624-L(B).

487 F.Supp. 1308 (1980)

MARIO'S ENTERPRISES, INC., Plaintiff, v. MORTON-NORWICH PRODUCTS, INC., Defendant.

United States District Court, W. D. Kentucky, Louisville Division.

April 22, 1980.

Attorney(s) appearing for the Case

Eric M. Lamb, Louisville, Ky., for plaintiff.

Rucker Todd, Louisville, Ky., for defendant.

MEMORANDUM

BALLANTINE, District Judge.

Defendant, Morton-Norwich Products, Inc., has alternatively moved the Court: (1) to dismiss the complaint for failure to state a claim upon which relief can be granted; or (2) to grant judgment on the pleadings on the grounds that there is no genuine issue of material fact.

Plaintiff, Mario's Enterprises, Inc., alleges in its complaint that during a period of time...

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