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INFINITECH, INC. v. VITROPHAGE, INC.

No. 93 C 2846.

842 F.Supp. 332 (1994)

INFINITECH, INC., Plaintiff, v. VITROPHAGE, INC., Defendant.

United States District Court, N.D. Illinois, E.D.

January 19, 1994.

Attorney(s) appearing for the Case

Daniel A. Cummings, Mary T. Meegan, Rothschild, Barry & Myers, P.C., Chicago, IL, Marc S. Gross, Bryan, Cave, McPheeters & McRoberts, New York City, Randy R. Mariani, Bryan Cave, Bryan, Cave, McPheeters & McRoberts, St. Louis, MO, for plaintiff.

Don H. Reuben, Robert Walter Tarun, Hal B. Merck, Winston & Strawn, Chicago, IL, Ron E. Shulman, Gerald J. Flattmann, Fish & Neave, New York City, William G. Swindal, Hinshaw & Culbertson, Chicago, IL, for defendants.

MEMORANDUM OPINION

GRADY, District Judge.

The defendant, Vitrophage, Inc. ("Vitrophage") has moved for dismissal of the plaintiff's First Amended Complaint under Fed. R.Civ.P. 12(b)(1) for lack of jurisdiction over the subject matter of the action. For the reasons explained in this opinion, the court denies the motion.

BACKGROUND

The plaintiff, Infinitech, Inc. ("Infinitech") has filed a complaint seeking a declaratory judgment...

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