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KAL KAN FOODS, INC. v. IAMS CO.

No. C-3-01-83.

197 F.Supp.2d 1061 (2002)

KAL KAN FOODS, INC., Plaintiff, v. The IAMS COMPANY, et al., Defendants.

United States District Court, S.D. Ohio, Western Division.

March 25, 2002.

Attorney(s) appearing for the Case

Roger Makley, Dayton, OH, Richard Leighton, Frank Vitolo, Washington, DC, for plaintiff.

Paul G. Hallinan, Jeff Ireland, Diane Goderre, Dayton, OH, for defendants.

DECISION AND ENTRY OVERRULING DEFENDANTS' MOTION TO DISMISS, PURSUANT TO FED. R. CIV. P. 12(B)(1) (DOC. # 16-1) AND THEIR MOTION, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT (DOC. # 16-2); PLAINTIFF'S MOTION TO COMPEL (DOC. # 33) SUSTAINED; PLAINTIFF'S MOTION FOR SANCTIONS (DOC. # 33) OVERRULED, WITHOUT PREJUDICE TO RENEWAL AT THE COMPLETION OF THIS LITIGATION; DEFENDANTS' MOTIONS TO STRIKE (DOC. # 40, DOC. # 53, DOC. # 60) OVERRULED AS MOOT; CONFERENCE CALL SET

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