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TOTALPLAN CORP. OF AMERICA v. COLBORNE

No. 505, Dockets 93-7472, 93-7474, 93-7476 and 93-7478.

14 F.3d 824 (1994)

TOTALPLAN CORPORATION OF AMERICA, Plaintiff-Appellant, v. Robert B. COLBORNE; Carmen Strong; James Boughton; John T. Brown; Keith Yardley; Wendell A. Lewis; Harry S. Montgomery; Walter Petrovsky; Richard L. Mikesell, Northwest Pipe & Supply Company, Limited; Michael Chwelos; William Meiklejohn; Lure Camera, Limited, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 2, 1994.

Attorney(s) appearing for the Case

Lisa T. Sofferin, Buffalo, New York (Rodney O. Personius, Brown & Kelly, Buffalo, New York, of counsel), for plaintiff-appellant.

Richard L. Mikesell, Buffalo, New York (Craig Miller, Diebold & Farmello, P.C., Buffalo, New York, of counsel), for defendants-appellees.

Before: VAN GRAAFEILAND, PIERCE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Totalplan Corporation of America ("Totalplan") appeals from Judge Elfvin's dismissal of its complaint following a bench trial. In the district court, Totalplan brought suit against appellees for trademark infringement, breach of contract, unfair competition, misappropriation of trade secrets, conspiracy to steal business, and fraudulent transfer of assets. Totalplan appeals from only the dismissal of its trademark and contract claims, directing...

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