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VOLVO CONST. EQUIP. NORTH AMERICA v. CLM EQUIP.

No. 03-1108.

386 F.3d 581 (2004)

VOLVO CONSTRUCTION EQUIPMENT NORTH AMERICA, INC., a Delaware corporation; Volvo Trademark Holding Aktiebolaget, a Swedish corporation; Champion Road Machinery Limited, a Canadian corporation, Plaintiffs-Appellees, v. CLM EQUIPMENT COMPANY, INC., a Louisiana corporation; Future Equipment Company, Inc., a Texas corporation, Clark Machinery Company, an Arkansas corporation, Defendants-Appellants, and AIS Construction Equipment Corporation, a Michigan corporation; Nueces Farm Center, Inc., d/b/a Nueces Power Equipment, a Delaware corporation, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: October 8, 2004.

Attorney(s) appearing for the Case

Scott E. Korzenowski, Dady & Garner, P.A., Minneapolis, Minnesota, for Appellants. Michael J. Lockerby, Hunton & Williams, Richmond, Virginia, for Appellees. J. Michael Dady, Ronald K. Gardner, Dady & Garner, P.A., Minneapolis, Minnesota; Robert B. Delano, Jr., Sands, Anderson, Marks & Miller, Richmond, Virginia; Edward L. Bleynat, Jr., Ferikes & Bleynat, P.L.L.C., Asheville, North Carolina, for Appellants. Kimberley A. Isbell, Hunton & Williams, Richmond, Virginia; Nash E. Long, III, Hunton & Williams, Charlotte, North Carolina, for Appellees.

Before WIDENER, TRAXLER, and KING, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Judge KING wrote the opinion, in which Judge TRAXLER joined, Judge WIDENER wrote an opinion concurring in part and dissenting in part.

OPINION

KING, Circuit Judge:

Three retail dealers of large earth-moving motor graders (the "Dealers")1 appeal the district court's decision in favor of the graders' manufacturers (collectively, "Volvo")

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