NUTRITION & FITNESS, INC., Plaintiff,
v.
MARK NUTRITIONALS, INC., Defendant and Counterclaimant.
United States District Court, M.D. North Carolina.https://leagle.com/images/logo.png
March 25, 2002.
March 25, 2002.
Attorney(s) appearing for the Case
Charles A. Burke, David H. Read, Womble Carlyle Sandridge & Rice, Winston-Salem, NC, for Plaintiff.
George L. Little, Jr., Kilpatrick Stockton, L.L.P., William M. Bryner, Kilpatrick Stockton, L.L.P., Winston-Salem, NC, Allen J. Baden, Susan A. Smith, Kenyon & Kenyon, San Jose, CA, William Maxie Davis, Jr., Office of Public Defender, Charlotte, NC, George L. Little, Jr., William M. Bryner, Kilpatrick Stockton, L.L.P., Winston-Salem, NC, Allen J. Baden, Susan A. Smith, Kenyon & Kenyon, San Jose, CA, for Defendant and Counter-claimant.
United States District Court, M.D. North Carolina.
MEMORANDUM OPINION & ORDER
BEATY, District Judge.
This case comes before the Court on Plaintiff Nutrition & Fitness, Inc.'s1 ("NFI") Motion to Dismiss Defendant Mark Nutritionals, Inc.'s ("MNI") Counterclaim for False Advertising [Document # 5]. Although Defendant's Answer and Counterclaim [Document # 3] asserts six causes of action, Plaintiff requests dismissal pursuant to Rule 12(b)(6) only as to Defendant's...
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