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NATIONAL FITNESS CENTER, INC. v. ATLANTA FITNESS

No. 3:09-cv-133.

902 F.Supp.2d 1098 (2012)

NATIONAL FITNESS CENTER, INC., and Court South Total Conditioning Clubs, LLC, Plaintiffs, v. ATLANTA FITNESS, INC. d/b/a Custom Built Personal Fitness and Stephen Dow, individually, Defendants/Counter-Claimants.

United States District Court, E.D. Tennessee, at Knoxville.

October 10, 2012.

Attorney(s) appearing for the Case

Lewis S. Howard, Jr. , Elizabeth Dodd Sherrod , Heather G. Anderson , Howard & Howard, PC, Knoxville, TN, for Plaintiffs.

Lawrence F. Giordano , Lewis, King, Krieg & Waldrop, P.C., Knoxville, TN, Robert S. Thompson , Hawkins Parnell Thackston & Young, LLP, Atlanta, GA, for Atlanta Fitness, Inc.

ORDER

TENA CAMPBELL, District Judge.

In 2006, Plaintiff National Fitness,1 an owner of health clubs in eastern Tennessee, entered into a Facility License Agreement (Agreement) with Defendant Custom Built,2 a personal training company. The parties agreed that Custom Built would provide personal training services to health club members at the National Fitness facilities and pay a monthly license...

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