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MAC'S EGGS, INC. v. RITE-WAY AGRI DISTRIBUTORS

Cause No. S85-312.

656 F.Supp. 720 (1986)

MAC'S EGGS, INC., Plaintiffs, v. RITE-WAY AGRI DISTRIBUTORS, INC., et al., Defendants.

United States District Court, N.D. Indiana, South Bend Division.

On Motion for Summary Judgment January 6, 1987.

Attorney(s) appearing for the Case

John D. Walda, Thomas Herr, Fort Wayne, Ind., for plaintiffs.

Arthur G. Surgine, Jr., Fort Wayne, Ind., for Rite-Way Agri Distributors, Inc.

John R. Burns, III, Fort Wayne, Ind., for BODO Development and Meller Batterien.

MEMORANDUM and ORDER

MILLER, District Judge.

I. Introduction

This matter is before the court on defendant Bodo Degenhardt's motion to dismiss, which raises three separate theories and will be treated as three separate motions: (1) a motion to dismiss for want of jurisdiction of the person, Fed.R.Civ.P. 12(b)(2); (2) a motion to dismiss the implied warranties claims for failure to state a claim upon which relief can be granted, Fed.R.Civ...

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