Enforcing license agreement and its validity

Federal District Court Opinions

SANITEC INDUSTRIES v. MICRO-WASTE CORPORATION, (S.D.Tex.
11-28-2006) SANITEC INDUSTRIES, Plaintiff, v. MICRO-WASTE
CORPORATION, Defendant. CIVIL ACTION NO. H-04-3066. United
States District Court, S.D. Texas, Houston Division.
November 28, 2006

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND CONCLUSION AND
ORDER

EWING WERLEIN JR., District Judge

After all parties have rested and closed the evidence, and
having heard and considered the arguments and authorities
of counsel, the Court makes the following findings of fact
and conclusions of law pursuant to Fed.R.Civ.P. 52,
followed by the Court’s Conclusion and Order.

Findings of Fact

Except where the clear and convincing evidence standard of
proof applies and the Court so notes, the Court finds from
a preponderance of evidence as follows:

I. The Parties

1. Plaintiff/Counterclaim Defendant Sanitec Industries,
Inc. (“Industries”) is a corporation organized under the
laws of the Page 2 State of California, having its
principal place of business in California. Industries was
incorporated on February 19, 2003.

2. James Harkess (“Harkess”) is the President and CEO of
Industries.

3. Defendant/Counterclaim Plaintiff Micro-Waste
Corporation (“Micro-Waste”) is a corporation organized
under the laws of the State of Texas, having its principal
place of business in Fort Worth, Texas. Micro-Waste was
founded in September 1989 and was incorporated in February
1990.

4. Robert Bollinger (“Bollinger”) is the President of
Micro-Waste.

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