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FAIRPLAY ELEC. CARS v. TEXTRON INNOVATIONS, INC.

No. CIV.A.06-60-JJF.

431 F.Supp.2d 491 (2006)

FAIRPLAY ELECTRIC CARS, LLC, Plaintiff, v. TEXTRON INNOVATIONS, INC., Defendant.

United States District Court, D. Delaware.

May 15, 2006.

Attorney(s) appearing for the Case

David Ellis Moore, Richard L. Horowitz, Potter Anderson & Corroon LLP, Wilmington, DE, Dykema Gossett PLLC, Los Angeles, California (Craig N. Hentschel, Jeffrey W. Deane, of counsel), Dykema Gossett PLLC, Chicago, IL (Allan J. Sternstein, Timothy M. Morella, of counsel), for Plaintiff.

Edmund D. Johnson, Peter B. Ladig, the Bayard Firm, Wilmington, DE, for Defendant.

MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court is Defendant's Motion To Dismiss, Transfer, Or Stay Second-Filed Declaratory Judgment Action (D.I.8). For the reasons discussed, the Motion will be granted.

I. BACKGROUND

On January 17, 2006, Textron Innovations, Inc. ("Textron") and E-Z-GO, a division of Textron, Inc., filed a Complaint against Fairplay...

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