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DE PUY INC. v. BIOMEDICAL ENGINEERING TRUST

No. CIV.A. 97-CV-3450 (AJL).

216 F.Supp.2d 358 (2001)

De PUY INC., Plaintiffs, v. BIOMEDICAL ENGINEERING TRUST, Defendant.

United States District Court, D. New Jersey.

April 18, 2001.

Attorney(s) appearing for the Case

James H. Keale, McCarter & English, Newark, NJ, Donald E. Knebel, Barnes & Thornburg, Indianapolis, IN, for Plaintiff/Counterclaim Defendant.

David N. Ellenhorn, Solomon, Zauderer, Ellenhorn, Frischer & Sharp, New York, NY, Joel D. Siegal, Hellring Lindeman Goldstein, & Siegal LLP, Newark, NJ, for Defendants/Counterclaim Plaintiffs.

OPINION

LECHNER, District Judge.

This action was brought by plaintiff/counterclaim defendant DePuy Orthopaedics, Inc. ("DePuy") against defendants/ counterclaim plaintiffs Biomedical Engineering Trust, Frederick F. Buechel, M.D. and Michael J. Pappas, Ph.D., PE (as trustees of certain trusts entitled Biomedical Engineering Trust and Biomedical Engineering Trust II) (collectively, "BET"). BET sought damages for an alleged breach by DePuy of its obligation...

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