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COTTMAN TRANSMISSION SYSTEMS, INC. v. MARTINO

No. 94-1129.

36 F.3d 291 (1994)

COTTMAN TRANSMISSION SYSTEMS, INC., a Pennsylvania Corporation, Appellee v. Leonardo MARTINO and Trans One II, Inc., a Michigan Corporation, Appellants.

United States Court of Appeals, Third Circuit.

Decided September 20, 1994.

Attorney(s) appearing for the Case

Anthony D. Rosati (argued), Rosati Associates, P.C., West Bloomfield, MI and Brad K. Robbins, Melrose Park, PA, for appellants.

Todd P. Leff, Esquire (argued), Cottman Transmission Systems, Inc., Fort Washington, PA, for appellee.

Before: SLOVITER, Chief Judge, ROTH and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this breach of contract, unfair competition, and Lanham Act case, we determine that venue does not lie in a district where the individual defendant did not conduct his business and did not carry out any infringing activities. Therefore, a default judgment will be vacated, and the case will be transferred to the district where the defendant resides and carries on his business. Even though the individual defendant...

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