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PREMIER DENTAL PRODUCTS v. DARBY DENTAL SUPPLY CO.

No. 85-1468.

794 F.2d 850 (1986)

PREMIER DENTAL PRODUCTS COMPANY v. DARBY DENTAL SUPPLY COMPANY, INC., Dental Wholesalers, Inc., Spencer Meade Dental, Inc. Appeal of DARBY DENTAL SUPPLY COMPANY, INC., Dental Wholesalers, Inc. and Spencer Meade Dental, Inc., Appellants.

United States Court of Appeals, Third Circuit.

Decided June 24, 1986.

Attorney(s) appearing for the Case

Arnold I. Kalman (argued), Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for appellee.

Joel Salon (argued), Robert V. Marrow, Salon, Marrow & Dyckman, New York City, for appellants.

Robert Ullman, Steven R. Trost, Bass & Ullman, New York City, for amicus curiae American Free Trade Ass'n.

Before HIGGINBOTHAM and STAPLETON, Circuit Judges, and TEITELBAUM, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

I

Appellee Premier Dental Products Company ("Premier") is a wholesale distributor of dental products. Premier includes in its inventory a denture impression material produced by a West German manufacturer, ESPE Fabrik Pharmazeutischer Praparate, GmbH ("ESPE"), and distributed in this country under the registered trademark "IMPREGUM." Premier and ESPE are independent firms. IMPREGUM is a patented material...

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