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NAVISTAR INTERN. CORP. v. EMERY

No. CA3-86-1365-F.

643 F.Supp. 515 (1986)

NAVISTAR INTERNATIONAL CORPORATION v. Mike Wade EMERY and Billy Wayne Watson, d/b/a Marshall Truck Equipment Co.

United States District Court, N.D. Texas, Dallas Division.

September 11, 1986.

Attorney(s) appearing for the Case

Judy C. Norris, Thompson & Knight, Dallas, Tex., for plaintiff.

Carl Roth, Jones, Jones, Baldwin, Curry & Roth, Marshall, Tex., for defendant.

MEMORANDUM ORDER

ROBERT W. PORTER, District Judge.

Pending before the Court is Defendants' motion to dismiss or stay action. For the reasons given below, the Court has decided to grant the motion to dismiss.

First the procedural background. On June 3, 1985, Mike Wade Emery and Billy Wayne Watson d/b/a Marshall Truck Equipment Company ("Marshall Truck"), the Defendants in this declaratory judgment action, filed suit in Federal Court in the Eastern...

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