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FASHION HOUSE, INC. v. K MART CORP.

Nos. 89-1330, 89-1331.

892 F.2d 1076 (1989)

FASHION HOUSE, INC., Plaintiff, Appellee, v. K MART CORPORATION, Defendant, Appellant. FASHION HOUSE, INC., Plaintiff, Appellant, v. K MART CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 19, 1989.

Attorney(s) appearing for the Case

Richard M. Sharfman, with whom Charles I. Poret, Daniel A. Ross, Sharfman, Shanman, Poret & Siviglia, P.C., New York City and Robert W. Lovegreen, Providence, R.I., were on brief, for Fashion House, Inc.

David M. Heilbron, with whom Leslie G. Landau, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., Steele, Goldman & Silcox, Robert W. Steele, J. David Gibbs and Cheryl M. Browning, Washington, D.C., were on brief, for K mart Corp.

Before BOWNES and SELYA, Circuit Judges, and HARRINGTON, District Judge.

SELYA, Circuit Judge.

In the mercantile world, turning a profit never goes out of fashion. So it was that, in June of 1983, K mart Corporation, defendant and counterclaimant, anticipating commercial advantage, joined forces with plaintiff Fashion House, Inc. (FHI). Expectancies notwithstanding, the road to increased revenues rarely does run smooth — and this proved to be an especially bumpy ride. Cf. All About Eve (Twentieth Century-Fox 1950) (statement...

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