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DITRI v. COLDWELL BANKER RESIDENTIAL AFFILIATES, INC.

No. 91-1525.

954 F.2d 869 (1992)

Louis DITRI and Marie K. Ostenrieder Appellants, v. COLDWELL BANKER RESIDENTIAL AFFILIATES, INC., Phyllis Rubin Real Estate Inc, Phyllis Rubin, Sharon Bonser, Madelyn Storelli and Robert Kent.

United States Court of Appeals, Third Circuit.

Decided January 22, 1992.

Rehearing Denied February 11, 1992.

Attorney(s) appearing for the Case

Anthony S. Volpe (argued), Volpe & Koenig, J. Ashley Brown, III, Philadelphia, Pa., for appellants.

Edward J. Hayes (argued), Jane E. Lessner, R. James Kravitz, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for appellees, Coldwell Banker Residential Affiliates, Inc., Phyllis Rubin Real Estate, Inc., Phyllis Rubin and Madelyn Storelli.

Joseph A. Venuti, Jr. (argued), Swartz, Campbell & Detweiler, Philadelphia, Pa., for appellee, Sharon Bonser.

William F. Coyle, Philadelphia, Pa., for appellee, Robert Kent.

Before SCIRICA, ALITO and SEITZ, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Louis Ditri and Marie K. Ostenrieder ("plaintiffs") appeal the order of the district court dismissing their amended complaint. That complaint asserted claims for damages and other relief under section 43(a) of the Lanham Trademark Act, § 1125(a), 15 U.S.C. § 1051 (1988), and under state law. Plaintiffs also sought cancellation of defendant Coldwell Banker Residential Affiliates, Inc.'s relevant registered...

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