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ROSENBAUER AMERICA v. ADVANTECH SERVICE & PARTS

No. CIV. 06-4066.

437 F.Supp.2d 1081 (2006)

ROSENBAUER AMERICA, LLC., Plaintiff, v. ADVANTECH SERVICE & PARTS, LLC; Thomas Abel; Cheryl Price; and Mark Atoli, Defendants.

United States District Court, D. South Dakota, Southern Division.

July 6, 2006.

Attorney(s) appearing for the Case

David L. Nadolski, Lynn, Jackson, Shultz & Lebrun, P.C., Sioux Falls, SD, for Plaintiff.

Michael F. Tobin, Boyce, Greenfield, Pashby & Welk, Sioux Falls, David K. Schaffner, John P. Maxwell, Hardin Schaffner, LPA, New Philadelphia, OH, for Defendant.

MEMORANDUM OPINION AND ORDER GRANTING STAY

PIERSOL, District Judge.

Defendants Advantech Service & Parts, LLC ("Advantech"), Thomas Abel, Cheryl Price and Mark Atoli have filed a motion to abstain or, in the alternative, to stay this case pending the outcome of a state court case in Ohio involving the same parties. (Doc. 9.) For the following reasons, the case will be stayed pending resolution of the Ohio case.

BACKGROUND

The following...

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