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WORLDWIDE SPORT NUTRITIONAL SUPP. v. FIVE STAR

No. 99-CV-1192 (TJM).

80 F.Supp.2d 25 (1999)

WORLDWIDE SPORT NUTRITIONAL SUPPLEMENTS, INC., Plaintiff, v. FIVE STAR BRANDS, LLC, Defendant.

United States District Court, N.D. New York.

October 26, 1999.

Attorney(s) appearing for the Case

Heslin & Rothenburg, P.C., Albany, NY (Nicholas Mesiti, Leo M. Loughlin, of counsel), for Plaintiff.

Price, Heneveld, Cooper, Dewitt & Litton, Grand Rapids, MI (Randall G. Litton, Steven L. Underwood, of counsel), Answorth, Sullivan, Tracy, Knauf, Warner and Ruslander, P.C., Albany, NY (Michael J. Murphy, of counsel), for Defendant.

MEMORANDUM — DECISION & ORDER

McAVOY, Chief Judge.

I. Background

Plaintiff, Worldwide Sport Nutritional Supplements, Inc. ("Worldwide"), is moving, by Order to Show Cause, for a preliminary injunction to enjoin Defendant, Five Star Brands, LLC ("Five Star") from (1) misappropriating Plaintiff's Trade Secret; and (2) prosecuting a declaratory judgment action filed in Michigan.

A. Facts

Worldwide approached Five Star...

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