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SHEPLERS CATALOG SALES v. OLD WEST DRY GOODS

Civ. A. No. 92-2264-GTV.

830 F.Supp. 566 (1993)

SHEPLERS CATALOG SALES, INC., a Kansas Corporation, and Sheplers, Inc., a Kansas Corporation, Plaintiffs, v. OLD WEST DRY GOODS CORP., d/b/a Old West Outfitters, a New Jersey Corporation, Defendant.

United States District Court, D. Kansas.

August 17, 1993.

Attorney(s) appearing for the Case

Don M. Bradley, Michael B. Hurd, Shook, Hardy & Bacon, Kansas City, MO, J. Eugene Balloun, Shook, Hardy & Bacon, Overland Park, KS, for plaintiffs.

Thomas J. Koehler, Levy and Craig, P.C., Kansas City, MO, Patrick D. Tobia, Clemente, Dickson & Mueller, Parsippany, NJ, for defendant.

MEMORANDUM AND ORDER

VAN BEBBER, District Judge.

This case is before the court on defendant's Motion to Dismiss for Failure to State a Claim (Doc. 17). Plaintiffs have responded (Doc. 22) and oppose the motion. For the reasons stated in this memorandum and order, the motion is granted in part and denied in part.

This is a copyright and unfair trade practices case which arises from allegations by plaintiffs Sheplers Catalog Sales, Inc., and...

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