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BENCHMARK MEDICAL HOLDINGS, INC. v. BARNES

No. CIV.A. 2:03CV993-A.

328 F.Supp.2d 1236 (2004)

BENCHMARK MEDICAL HOLDINGS, INC., Benchmark Medical Management Company, and Benchmark Acquisition Corporation, Plaintiffs, v. Glen "Rocky" BARNES, Defendant.

United States District Court, M.D. Alabama, Northern Division.

July 27, 2004.

Attorney(s) appearing for the Case

Albert Loring Vreeland, II, Lehr Middlebrooks Price & Vreeland, PC, David James Middlebrooks, Lehr Middlebrooks Price & Vreeland, PC, Robert Brett Adair, Lehr Middlebrooks Price & Vreeland, PC, Birmingham, Steven R. Wall, Morgan Lewis & Bockius LLP, Philadelphia, PA, for Benchmark Medical Holdings, Inc., Benchmark Medical Management Company, Benchmark Acquisition Corp., Plaintiffs.

Benjamin Saxon Main, Ball Ball Matthews & Novak PA, Richard A. Ball, Jr., Ball Ball Matthews & Novak PA, Robert A. Huffaker, Rushton Stakely Johnston & Garrett PC, Montgomery, AL, for Glen" Rocky" Barnes, Defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ALBRITTON, Senior District Judge.

I. INTRODUCTION

Benchmark Medical Holdings, Inc., Benchmark Medical Management Company, and Benchmark Acquisition Corporation ("Plaintiff"1 or "Benchmark") filed their Complaint against several Defendants on October 2, 2003, bringing claims for violation of the Lanham...

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