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BEAN v. McDOUGAL LITTELL

No. 07-8063-PCT-JAT.

669 F.Supp.2d 1031 (2008)

Tom BEAN, Plaintiff, v. McDOUGAL LITTELL, a division of Houghton Mifflin Company, and R.R. Donnelley & Sons Company, Defendants.

United States District Court, D. Arizona.

July 28, 2008.

Attorney(s) appearing for the Case

Christopher Seidman, Maurice James Harmon, Harmon & Seidman LLC, Grand Junction, CO, for Plaintiff.

Amy Marla Gardner, Christina M. Tchen, David R. Pehlke, Skadden Arps Slate Meagher & Flom LLP, Chicago, IL, Charles S. Sims, Proskauer Rose LLP, New York, NY, David Jeremy Bodney, Peter Shawn Kozinets, Steptoe & Johnson LLP, Phoenix, AZ, for Defendants.

ORDER

JAMES A. TEILBORG, District Judge.

Pending before the Court is Defendants' Motion to Dismiss Complaint for Lack of Subject Matter Jurisdiction in Fact (Doc. # 37). Plaintiff has filed an Opposition to Defendants' Motion (Doc. # 40), and Defendants have filed a Reply (Doc. # 41). The Court has considered these motions, and will now rule on the matter.

I. BACKGROUND

Defendant McDougal Littel, a division of Houghton Mifflin Company ...

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