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MEDICAL DESIGNS, INC. v. ORTHOPEDIC TECHNOLOGY

No. CA4-87-812-K.

684 F.Supp. 445 (1988)

MEDICAL DESIGNS, INC. v. ORTHOPEDIC TECHNOLOGY, INC., a California corporation, and Rudy Hernandez, an individual.

United States District Court, N.D. Texas, Fort Worth Division.

March 31, 1988.

Attorney(s) appearing for the Case

Thomas W. Blow, Tyler, Tex., for plaintiff.

Frederick S. Adams, Jr., Adams & Sherwood, Dallas, Tex., for defendant Orthopedic Technology, Inc.

Jerry R. Selinger, Baker, Mills, & Glast, Dallas, Tex., for defendant Rudy Hernandez; Paul W. Vapnek, Margaret M. Powers, Townsend & Townsend, San Francisco, Cal., of counsel.

MEMORANDUM OPINION

BELEW, District Judge.

Pending before the Court is the motion to dismiss of Defendant Orthopedic Technology ("Orthopedic") to dismiss this action pursuant to Rule 12(b)(3) of the Federal Rules of Civil Procedure, to which Plaintiff has failed to respond. The Court, having reviewed the pleading as well as the applicable law is of the opinion that Orthopedic's motion is well-taken and should be granted.

I. Facts

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