Back To State Court . . . #9

Post #9

Good Morning Everyone!

Had some activity in the case between Toytrackerz [better known as Circle X Ranch] and American Plastic Equipment.

Yesterday, the Federal judge remanded the case back to state court. He found that there was no jurisdiction in Federal Court and that the case should have never been removed in the first place.

So, it's back to Bourbon County, Kansas where we started back in January 2006.

This decision is important to us. It vindicates how we presented our case. We framed it as a simple question of state law and had every intention of litigating it that way. The questions are simple: the right to use a set of trademarks in commerce. The other side tried to control, expand, and cloud the issues by making it into a big dramatic federal case. It's not . . . and the judge agreed with me.

So, now the whole file gets shipped back to Bourbon County and we'll see what happens next. I'll keep you posted.

Terri