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McKEE FOODS KINGMAN v. KELLOGG CO.

No. 1:05-CV-254.

474 F.Supp.2d 934 (2007)

McKEE FOODS KINGMAN and McKEE FOODS CORPORATION, Plaintiffs, v. KELLOGG COMPANY, Defendant.

United States District Court, E.D. Tennessee, at Chattanooga.

December 29, 2006.

Attorney(s) appearing for the Case

Bruce R. Ewing, Lile H. Deinard, Dorsey & Whitney, LLP, New York, NY, Richard W. Bethea, Jr., Chambliss, Bahner & Stophel, PC, Chattanooga, TN, for Plaintiffs.

John G. Jackson, Chambliss, Bahner & Stophel, PC, Chattanooga, TN.

Anthony J. McFarland, Paige W. Mills, Bass, Berry & Sims, Nashville, TN, Robert J. Lenihan, Troy, MI, for Defendant.

ORDER

MATTICE, District Judge.

Before the Court is Defendant's Motion to Dismiss [Court Doc. No. 16-1]. Defendant moves the Court to dismiss Plaintiffs' declaratory judgment action, arguing issues of subject matter jurisdiction, discretionary jurisdiction under the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, and personal jurisdiction. In the alternative, Defendant moves the Court to transfer venue to the Eastern District of Michigan...

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