No. CIV. 100CV238.

162 F.Supp.2d 465 (2001)

VOLVO TRADEMARK HOLDING AKTIEBOLAGET, a Swedish corporation; Volvo Construction Equipment North America, Inc., a Delaware corporation; and Champion Road Machinery Limited, a Canadian corporation, Plaintiffs, v. AIS CONSTRUCTION EQUIPMENT CORPORATION, a Michigan corporation; CLM Equipment Company, Inc., a Texas corporation; Future Equipment Company, Inc., a Texas corporation; Clark Machinery Company, an Arkansas corporation; and Nueces Farm Center, Inc., d/b/a Nueces Power Equipment, a Delaware corporation, Defendants.

United States District Court, W.D. North Carolina, Asheville Division.

August 27, 2001.

Attorney(s) appearing for the Case

Carolyn A. Dubay, Hunton & Williams, Raleigh, NC, Michael J. Lockerby, Stephen P. Demm, John Gary Maynard, Hunton & Williams, Richmond, VA, Albert Diaz, Nash E. Long, III, T. Thomas Cottingham, III, Hunton & Williams, Charlotte, NC, for plaintiffs.

Edward L. Bleynat, Jr., Asheville, NC, J. Michael Dady, Ronald K. Gardner, Scott E. Korzenowski, Dady & Gardner, P.A., Minneapolis, MN, for defendants.


THORNBURG, District Judge.

THIS MATTER is before the Court on the Defendants' timely filed objections to the Memorandum and Recommendation of United States Magistrate Judge Max O. Cogburn, Jr. Pursuant to standing orders of designation and 28 U.S.C. § 636, the undersigned referred the Defendants' motion to dismiss to the Magistrate Judge for a recommendation as to disposition. This Court has conducted a de...

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