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BARTON SOUTHERN CO., INC. v. MANHOLE BARRIER SYSTEMS, INC.

No. CIV.A.1:03-CV-3929-W.

318 F.Supp.2d 1174 (2004)

BARTON SOUTHERN COMPANY, INC., Plaintiff, v. MANHOLE BARRIER SYSTEMS, INC., and JFC Company, Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

April 30, 2004.

Attorney(s) appearing for the Case

Carl M. Davis, Baker, Donelson, Bearman, Caldwell & Berkowits, P.C., Atlanta, GA, for Plaintiff.

John P. Bostany, The Bostany Law Firm, New York City, Albert G. Dugan, Jr., Cozen and O'Connor, Atlanta, GA, for Defendant.

ORDER

HUNT, District Judge.

Before the Court in this trademark infringement action is Defendant Manhole Barrier Systems, Inc.'s motion to dismiss [3-1] or transfer [3-2].

BACKGROUND1

Plaintiff Barton Southern Company, Inc. ("Barton Southern") is a Georgia-based business that sells manhole security devices which secure entrances to manholes and deter passage of contaminates into manholes. In connection...

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