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ATKINS MACHINERY, INC. v. C.H. POWELL CO., INC.

C.A. No.: 2:05-1633-23.

455 F.Supp.2d 461 (2006)

ATKINS MACHINERY, INC., Plaintiff, v. C.H. POWELL COMPANY, INC., and SSA Cooper, LLC, Defendants.

United States District Court, D. South Carolina, Charleston Division.

September 5, 2006.

Attorney(s) appearing for the Case

David B. Marvel, Robertson and Hollingsworth, Charleston, SC, Marc A. Rubin, Hyman Kaplan Ganguzza Spector and Mars, Miami, FL, for Plaintiff.

S. Scott Bluestein, Bluestein Law Firm, Charleston, SC.

Lydia Blessing Applegate, Marvin Dewitt Infinger, Haynsworth Sinkler Boyd, Charleston, SC, for Defendants.

ORDER

PATRICK MICHAEL DUFFY, District Judge.

This matter is before the court upon Defendant SSA Cooper, LLC's ("Cooper") motion for partial summary judgment. For the reasons set forth herein, the court denies Defendant Cooper's motion.

BACKGROUND

Plaintiff Atkins Machinery, Inc. ("Atkins") is a corporation organized and existing under the laws of South Carolina with its principal place of business in Spartanburg, South Carolina...

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