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AEGIS FOOD TESTING LABORATORIES v. AEGIS SCIENCES

No. CIV. 12-4031-KES.

913 F.Supp.2d 742 (2012)

AEGIS FOOD TESTING LABORATORIES, INC., a South Dakota company, Plaintiff, v. AEGIS SCIENCES CORPORATION, a Tennessee corporation, Defendant and Third-Party Plaintiff, v. Aegis Food Testing Laboratories of Oklahoma, LLC, a South Dakota limited liability company, Third-Party Defendant.

United States District Court, D. South Dakota, Southern Division.

December 20, 2012.

Attorney(s) appearing for the Case

Michael P. Schmiedt, Crary Huff, South Sioux City, NE, Michael T. Griggs, Boyle Fredrickson S.C., Milwaukee, WI, for Plaintiff.

Christina L. Klinger, May, Adam, Gerdes & Thompson, Pierre, SD, Joel T. Galanter, Adams and Reese LLP, Nashville, TN, Melissa S. Rizzo, Adams and Reese LLP, Tampa, FL, for Defendant and Third-Party Plaintiff.

ORDER

KAREN E. SCHREIER, Chief Judge.

Plaintiff, Aegis Food Testing Laboratories, Inc., brought a declaratory judgment action against defendant, Aegis Sciences Corporation, to determine whether Aegis Food was infringing upon the trademark rights of Aegis Sciences. Docket 1. Aegis Sciences answered and brought four counterclaims. Docket 8. Aegis Food moves to dismiss count four of Aegis Sciences' counterclaim asserting that the court does not have subject...

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