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CUSTOM MFG. AND ENGINEERING v. MIDWAY SERVICES

No. 05-12906.

508 F.3d 641 (2007)

CUSTOM MANUFACTURING AND ENGINEERING, INC., Plaintiff-Appellant, v. MIDWAY SERVICES, INC., Automated Engineering Corporation, MDCO, Inc., NTU Electronics, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 21, 2007.

Attorney(s) appearing for the Case

John A. Turner, Buckingham, Doolittle & Burroughs, LLP, West Palm Beach, FL, Robin S. Trupp, Tampa, FL, for Plaintiff-Appellant.

Robert V. Potter, Jr., Johnson, Pope, Baker, Buppel & Burns, Clearwater, FL, for Defendants-Appellees.

Before TJOFLAT, BARKETT and HILL, Circuit Judges.

TJOFLAT, Circuit Judge:

The claims alleged in this trademark infringement case surfaced during the litigation of a contract action between Custom Manufacturing and Engineering, Inc. ("Custom") and Midway Services, Inc. ("Midway") in Florida state court. Custom had agreed to design for Midway a water meter reading system to be installed in residential complexes, but Midway had cancelled the contract (on the ground that Custom had breached it) and hired Automated Engineering...

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