PLANT GENETIC SYSTEMS, N.V. v. CIBA SEEDS

No. 1:95CV00741.

933 F.Supp. 519 (1996)

PLANT GENETIC SYSTEMS, N.V., Plaintiff, v. CIBA SEEDS and Mycogen Plant Science, Inc., Defendants.

United States District Court, M.D. North Carolina, Durham Division.

June 25, 1996.


Attorney(s) appearing for the Case

Mark S. Thomas, Maupin Taylor Ellis & Adams, P.A., Raleigh, NC, for plaintiff Plant Genetic Systems, N.V.

W. Andrew Copenhaver, Elizabeth B. McGee, Womble Carlyle Sandridge & Rice, Winston-Salem, NC, for defendant Ciba Seeds.

James D. Myers, Robert William Glatz, Bell, Seltzer, Park & Gibson, P.A., Raleigh, NC, for defendant Mycogen Plant Science, Inc.


MEMORANDUM OPINION

OSTEEN, District Judge.

This matter comes before the court on the Motion to Dismiss Pursuant to Rule 12(b)(2), (3) & (5), Fed.R.Civ.P.; And, In the Alternative, to Transfer Pursuant to 28 U.S.C. § 1406(a) And/Or § 1404(a) filed by Defendant Mycogen Plant Science, Inc.

For the reasons stated herein, the motion will be denied.

I. FACTS

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