Scott & Fetzer Co. v. McCarty

MEMORANDUM OPINION AND ORDER WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW

LAMEROS, District Judge.

I. FACTS

There are no sharply disputed questions of fact. Plaintiff Scott & Fetzer Company has brought this action (the Ohio action) against defendant John S. McCarty, seeking a declaratory judgment that plaintiff’s termination of a Distributor Agreement with the defendant was in accordance with the terms of that agreement and was not violative of the New Jersey Franchise Practices Act. Subsequently, defendant in this case brought suit in the Superior Court of New Jersey (the New Jersey action)…