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SUN PACKING, INC. v. XENACARE HOLDINGS, INC.

Civil Action No. 4:12-cv-1605.

924 F.Supp.2d 749 (2012)

SUN PACKING, INC., Plaintiff, v. XENACARE HOLDINGS, INC., Frank W. Rizzo, Bobby Story, Steve Markley, and Gary Spaniak, Defendants.

United States District Court, S.D. Texas, Houston Division.

December 6, 2012.

Attorney(s) appearing for the Case

George R. Gibson, Nathan Sommers Jacobs PC, Houston, TX, for Plaintiff.

Frederick Thomas Dietrich, The Dietrich Law Firm, Houston, TX, for Defendants.

MEMORANDUM & ORDER

KEITH P. ELLISON, District Judge.

Upon full consideration of Defendants' Motion to Dismiss for Lack of Subject-Matter Jurisdiction, the response and reply, and the applicable law, the Court finds Defendants' Motion must be GRANTED.

I. FACTS

Between June 26, 2008 and November 25, 2008, XenaCare Holdings, Inc. ("XenaCare"), a company specializing in the marketing and retail distribution of consumer...

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