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KEMIN FOODS v. OMNIACTIVE HEALTH TECHNOLOGIES

Case No. 8:07-cv-1308-T-33TGW.

654 F.Supp.2d 1328 (2009)

KEMIN FOODS, L.C., and Catholic University of America, Plaintiffs, v. OMNIACTIVE HEALTH TECHNOLOGIES, INC., and Omniactive Health Technologies Private, Ltd., Defendants.

United States District Court, M.D. Florida, Tampa Division.

July 30, 2009.

Attorney(s) appearing for the Case

David W. Nelmark, Mark E. Weinhardt, Belin Lamson McCormick Zumbach Flynn, Kent A. Herink, Davis, Brown,

Koehn, Shors & Roberts, P.C., Des Moines, IA, Robert Ernest Johnson, Grayrobinson, PA, Tampa, FL, for Plaintiffs.

Brian Hayes, Marlee A. Jansen, Matthew J. Goggin, R. J. Zayed, Russell J. Rigby, Carlson, Caspers, Vandenburgh & Lindquist, PA, Minneapolis, MN, Nancy J. Faggianelli, William G. Giltinan, Carlton Fields, PA, Tampa, FL, for Defendants.

ORDER

VIRGINIA M. HERNANDEZ COVINGTON, District Judge.

This matter is before the Court pursuant to Defendant OmniActive Health Technologies Private Limited's Motion to Dismiss (the "Motion to Dismiss" Doc. # 115), filed on October 15, 2008. On October 28, 2008, Plaintiffs filed their Memorandum of Law in Opposition to the Motion to Dismiss. (Doc. # 138). Upon due consideration, the Court will deny the Motion to Dismiss.

I.

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