Baxter Healthcare Corp. v. O.R. Concepts, Inc.

MEMORANDUM OPINION AND ORDER

MANNING, District Judge.

On May 10, 1994, plaintiff Baxter Healthcare Corporation (“Baxter”) filed its complaint pursuant to 28 U.S.C. section 2201 for declaratory judgment against defendant O.R. Concepts, Inc. (“O.R”) seeking a declaration that defendant: (1) breached its contract with plaintiff; (2) violated section 2-210 of the Uniform Commercial Code; and (3) breached the covenant of good faith and fair dealing. On May 31, 1994, defendant filed a motion to dismiss plaintiffs complaint and memorandum in support, alleging that the complaint failed to state a claim.