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Federal suit moved to Pennsylvania

Hubbard fireworks company accuses Kansas company of intentionally misleading customers

YOUNGSTOWN — A federal judge has transferred jurisdiction of a civil lawsuit involving two Hubbard fireworks distributors to the federal courts in western Pennsylvania.

Judge Benita Y. Pearson in federal court here ruled Friday that the lawsuit filed by Wholesale Fireworks Corp. and Wholesale Fireworks III Inc. against a Kansas company called Wholesale Fireworks Enterprises belongs in the courts in Pittsburgh, Erie and Johnstown, Pa.

The Hubbard company filed the suit in April, alleging the Kansas company is intentionally misleading customers into thinking it is the Hubbard company.

The Hubbard companies state that because their businesses are near the Pennsylvania border they receive business from Pennsylvania and West Virginia customers.

Pearson ruled that even though neither party in the lawsuit resides in Pennsylvania, “All parties agree that the incidents giving rise to … plaintiffs’ claims of unfair competition took place, in part in Pennsylvania.”

The Kansas company also is licensed to do business in Pennsylvania, the ruling notes.

The ruling also denies the Kansas company’s motion to dismiss the lawsuit.

news@tribtoday.com

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