Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

ROBOTIC VISION SYS. v. CYBO SYS.

October 11, 1993

ROBOTIC VISION SYSTEMS, INC., Plaintiff,
v.
CYBO SYSTEMS, INC., a/k/a CYBOT SYSTEMS, INC., Defendant.


SPATT


The opinion of the court was delivered by: ARTHUR D. SPATT

SPATT, District Judge.

 By Decision and Order dated March 20, 1993, the Court granted the motion by plaintiff Robotic to dismiss counts I, III and IV of the defendant's answer and counterclaims for failure to satisfy the particularity requirement set forth in Fed. R. Civ. P. 9(b). On April 23, 1993, the defendant CYBO Systems, Inc. filed an amended answer and counterclaims. The plaintiff now moves to dismiss counts VIII (replevin) and IX (conversion) of the amended answer and counterclaims, pursuant to Fed. R. Civ. P. 12(b)(6), on the ground that these two counts fail to state a claim upon which relief may be granted.

 I.

 The parties are directed to the lengthy summary of this litigation provided in the Court's March 20, 1993 Decision and Order which will not be repeated here. This action was brought by the plaintiff Robotic Vision Systems ("Robotic") against the defendant Cybo Systems ("Cybo") based upon an alleged breach of an "As set Purchase Agreement" which the parties entered into on September 30, 1990.

 The amended counterclaims at issue read as follows:

 
COUNT VII
 
(REPLEVIN)
 
114. Counterclaimant CYBO incorporates by reference the preceding allegations in paragraphs 1 through 113 as if fully rewritten herein.
 
115. RVSI is required to deliver to CYBO all the assets including equipment, software, engineering, documentation, technology, training and other assets not previously delivered as required by the Agreement.
 
116. CYBO is entitled to an order of replevin for the delivery of said assets.
 
COUNT IX
 
(CONVERSION)
 
117. Counterclaimant CYBO incorporates by reference the preceding allegations in paragraphs 1 through 116 above ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.