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SMITH v. MONTORO

No. 78-2470.

648 F.2d 602 (1981)

Paul SMITH, an individual, Plaintiff-Appellant, v. Edward L. MONTORO and Film Ventures International Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 1, 1981.

Attorney(s) appearing for the Case

Lawrence A. Cox, Kadison, Pfaelzer, Woodard, Quinn & Rossi, Los Angeles, Cal., for plaintiff-appellant.

Marvin Zinman, Los Angeles, Cal., for defendants-appellees.

Before PECK, ANDERSON, and PREGERSON, Circuit Judges.

PREGERSON, Circuit Judge:

This is an appeal from a judgment granting defendant's motion to dismiss under Fed.R.Civ.P. 12(b)(6) for failure to state a federal claim. The district court held that the complaint did not allege facts sufficient to constitute a violation of section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). Appellant argues that the district court erred since the acts alleged in the complaint are the economic...

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