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DNH, L.L.C. v. IN-N-OUT BURGERS

No. Civ.A. 05-0938.

381 F.Supp.2d 559 (2005)

DNH, L.L.C., N-N-Out III, L.L.C. and N-N-Out Discount Market, L.L.C., all d/b/a N-N-Out Discount Market v. IN-N-OUT BURGERS.

United States District Court, E.D. Louisiana.

June 24, 2005.

Attorney(s) appearing for the Case

Robert B. Evans, IIII, Cesar Roberto Burgos, William B. Gordon, III, Burgos & Evans, LLC, New Orleans, LA, for Dnh, L.L.C., N-N-Out III, L.L.C. and N-N-Out Discount Market, L.L.C., all D/B/A N-N-Out Discount Market.

Raymond Gerard Areaux, Theodore S. Owers, III, Carver, Darden, Koretzky, Tessier, Finn, Blossman & Areaux, New Orleans, LA, for In-N-Out Burgers.

ORDER AND REASONS

VANCE, District Judge.

Defendant In-N-Out Burgers, a California corporation, moves to dismiss plaintiffs' complaint for declaratory judgment, breach of contract and state law violations for lack of personal and subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) and 12(b)(2) and on abstention grounds. Plaintiffs oppose the motion. For the following reasons, the Court GRANTS defendant's motion.

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