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D AND R PARTY, LLC v. PARTY LAND, INC.

No. CIV.A. 1:05-CV-2318-CAP.

406 F.Supp.2d 1382 (2005)

D AND R PARTY, LLC, Plaintiff, v. PARTY LAND, INC., Defendant.

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

December 13, 2005.

Attorney(s) appearing for the Case

James Francis Bogan, III, Michael Towle Hosmer, Kilpatrick Stockton, Atlanta, GA, for Plaintiff.

David Paul Thatcher, Jonathan E. Ganz, Chamberlain Hrdlicka White Williams & Martin, Atlanta, GA, for Defendant.

ORDER

PANNELL, District Judge.

This matter is before the court on the plaintiff's motion to remand [Doc. No. 3].

Factual Background

On August 1, 1995, the plaintiff entered into a license agreement ("Agreement") with the defendant to operate a Party Land franchise specializing in the sale of party goods in Marietta, Georgia. The Agreement contains two noncompetition clauses. The first clause, Section 13.3(b) of the Agreement...

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