TWIN LABORATORIES v. WEIDER HEALTH & FITNESS

No. 978, Docket 89-7972.

900 F.2d 566 (1990)

TWIN LABORATORIES, INC., Appellant, v. WEIDER HEALTH & FITNESS, a corporation, I, Brute Enterprises, Inc., Appellees.

United States Court of Appeals, Second Circuit.

Decided April 9, 1990.


Attorney(s) appearing for the Case

David M. Malone, Uniondale, N.Y. (David E. Steckler, Lawrence B. Bernard, and Rivkin, Radler, Dunne & Bayh, Uniondale, N.Y., on the brief), for appellant Twin Laboratories, Inc.

Alan R. Malasky, Washington, D.C. (Salvatore A. Romano, Joyce L. Bartoo, Lewis Rose, Jennifer A. Albert, and Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C.; Anthony L. Tersigni, and Meyers, Tersigni, Lurie, Feldman & Gray, New York City, on the brief), for appellees Weider Health & Fitness and I, Brute Enterprises, Inc.

Before TIMBERS, MESKILL and ALTIMARI, Circuit Judges.


TIMBERS, Circuit Judge:

Appellant Twin Laboratories, Inc. ("Twinlab") appeals from a summary judgment entered August 30, 1989 in the Southern District of New York, Michael B. Mukasey, District Judge, in favor of appellees Weider Health & Fitness ("Weider") and I., Brute Enterprises, Inc. ("Brute").

The final judgment entered August 30, 1989 was based on two prior orders. The first, dated July 21, 1989, granted appellees' motion for summary judgment on...

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