Groklaw: SCO's Corrected Motion to Dismiss or Stay
Apr 28, 2004, 16:00 (0 Talkback[s])
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"Here is SCO's Corrected Motion to Dismiss or to Stay Count Ten
of Counterclaim-Plaintiff IBM's Second Amended Counterclaims
Against SCO which now matches SCO's Memorandum, which the earlier
version did not.
"This corrected motion does not ask in the alternative that it
be separated. And it is silent on Counts 9 and 14, unlike the
confusing original motion of earlier today.
"Here they are sticking to essentially the argument they lost in
Red Hat, asserting that there is no case or actual controversy to
justify a declaratory judgment with respect to IBM's Tenth