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VULCAN MARKETING v. TECHNICAL CONSUMER PRODUCTS

Civil Action No. 08-AR-1765-S.

614 F.Supp.2d 1253 (2009)

VULCAN MARKETING, INC., Plaintiff, v. TECHNICAL CONSUMER PRODUCTS, INC., Defendant.

United States District Court, N.D. Alabama, Southern Division.

April 9, 2009.

Attorney(s) appearing for the Case

Andrew P. Campbell, Campbell Gidiere Lee Sinclair & Williams LLC, Birmingham, AL, Daniel A. Crowson, Jr., Crowson & Morrison, Columbiana, AL, Gregory A. Brockwell, Leitman Siegal Payne & Campbell P.C., Birmingham, AL, Jonathan A. Spann, Jonathan A. Spann LLC, Columbia, AL, for Plaintiff.

Kip Nesmith, Victor L. Hayslip, Burr & Forman LLP, Birmingham, AL, for Defendant.

MEMORANDUM OPINION

WILLIAM M. ACKER, JR., District Judge.

In the opinion entered by this court in the above-captioned case on January 26, 2009, the court gave its reasons for striking the counterclaim that had been filed by defendant, Technical Consumer Products, Inc. ("Technical"), on December 29, 2008. The predominant reason was that the counterclaim had been filed without leave of court. The court there gratuitously opined:

Under the liberal...

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