Duke
Duke v. Flying J, Inc.
Opinion
Lead Opinion
Hamilton, J.
ORDER DENYING PLAINTIFF’S MOTION TO TRANSFER VENUE; ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
Before the court is plaintiff’s motion to transfer venue of the above-entitled actions to the Eastern District of North Carolina, and defendants’ motion for summary judgment as to all claims asserted by plaintiff in these actions. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, the court hereby DENIES plaintiffs motion to transfer and GRANTS defendants’ motion for summary judgment.
BACKGROUND
The Constitution grants the Weights and Measures power to Congress in U.S. Constitution art. I, § 8, cl.5. In exercising this power, Congress established the National Bureau of Standards (“NBS” — now known as the “NIST”), and empowered it to “develop, maintain, and retain custody of the national standards of measurement, and provide the means 'and methods for making measurements consistent with *920 those standards.” Seé 15 U.S.C. § 272 (b)(2).
Congress directed NIST to “cooperate with' the other departments and agencies of the Federal Government, with industry [and] with state and local governments ... in establishing…