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VERMONT PURE HOLDINGS v. DESCARTES SYSTEMS GROUP

No. 2:00-CV-269.

140 F.Supp.2d 331 (2001)

VERMONT PURE HOLDINGS, LTD., Plaintiff, v. DESCARTES SYSTEMS GROUP, INC. and Endgame Systems, Inc. f/k/a DSD Solutions, Inc., Defendants.

United States District Court, D. Vermont.

April 10, 2001.

Attorney(s) appearing for the Case

Kevin F. Berry, Thomas B. Fiddler, Cozen and O'Connor, Philadelphia, PA, Michael J. Marks, Tarrant, Marks & Gillies, Montpelier, VT, for Vermont Pure Holdings, Ltd., plaintiff.

Robert S DiPalma, Paul, Frank & Collins, Burlington, VT, for Descartes Systems Group, Inc., defendant.

OPINION AND ORDER

SESSIONS, District Judge.

This is a diversity action for breach of contract by Vermont Pure Holdings, Ltd. ("Vermont Pure") against Descartes Systems Group, Inc. ("Descartes") and Endgame Systems, Inc. ("Endgame") (collectively, "Defendants").1 Defendants have moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(3) for improper venue, alleging that, under the contracts entered into...

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