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GONE TO THE BEACH, LLC v. CHOICEPOINT SERVICES

No. 05-2715 Ml/AN.

434 F.Supp.2d 534 (2006)

GONE TO THE BEACH, LLC, f/k/a Investigation Technologies, LLC, Plaintiff, v. v. CHOICEPOINT SERVICES, INC. and Rapsheets Acquisition Corporation, Defendants.

United States District Court, W.D. Tennessee, Western Division.

June 15, 2006.

Attorney(s) appearing for the Case

James N. Gorsline, Law Office of James N. Gorsline, Ralph B. Levy, Law Office of Ralph B. Levy, Atlanta, GA, John S. Golwen, Kristen C. Wright, Bass, Berry & Sims PLC, Memphis, TN, for Plaintiff.

Marianne Bell Matthews, Sam B. Blair, Jr., Baker, Donelson, Bearman, Caldwell & Berkowitz, Memphis, TN, for Defendants.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS

McCALLA, District Judge,

Before the Court is Defendants' Motion to Dismiss, filed November 7, 2005. Plaintiff responded on December 16, 2005. For the following reasons, the Court DENIES Defendants' motion.

I. Background

This case arises out of an asset purchase agreement ("the Agreement") between Plaintiff, Gone to the Beach, LLC, and Defendants Choicepoint Services, Inc. and its wholly...

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