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RHEA DRUGSTORE, INC. v. SMITH & NEPHEW, INC.

No. 2:15-cv-02060-JPM-tmp.

RHEA DRUGSTORE, INC., individually and on behalf of all others similarly situated, Plaintiff, v. SMITH & NEPHEW, INC., Defendant. SMITH & NEPHEW, INC., Third-Party Plaintiff, v. MODERN MARKETING CONCEPTS, INC., Third-Party Defendant.

United States District Court, W.D. Tennessee, Western Division.

June 10, 2015.

Attorney(s) appearing for the Case

Rhea Drugstore, Inc., Plaintiff, represented by John Charles Williams , CARNEY BATES PULLIAM PLLC.

Smith & Nephew, Inc., Defendant, represented by Glen G. Reid, Jr. , WYATT TARRANT & COMBS, LLP & Kacey Leigh Faughnan , WYATT TARRANT & COMBS, LLP.

Smith & Nephew, Inc., ThirdParty Plaintiff, represented by Glen G. Reid, Jr. , WYATT TARRANT & COMBS, LLP, Kacey Leigh Faughnan , WYATT TARRANT & COMBS, LLP, Glen G. Reid, Jr. , WYATT TARRANT & COMBS, LLP & Kacey Leigh Faughnan , WYATT TARRANT & COMBS, LLP.

Modern Marketing Concepts, Inc., ThirdParty Defendant, represented by Don Lester Hearn, Jr. , GLANKLER BROWN, PLLC & Randall William Slade , FRANCO & MORONEY LLC.

ORDER DENYING MOTION TO DISMISS

Before the court is Defendant Smith & Nephew, Inc.'s Motion to Dismiss for Mootness and Lack of Subject Matter Jurisdiction, filed April 9, 2015. (ECF No. 27.) For the reasons stated below, the Motion is DENIED.

I. BACKGROUND

This case concerns allegations...

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