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ALPO PETFOODS, INC. v. RALSTON PURINA CO.

Nos. 89-7181 & 89-7264.

913 F.2d 958 (1990)

ALPO PETFOODS, INC., Appellee, v. RALSTON PURINA COMPANY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 7, 1990.

Attorney(s) appearing for the Case

Michael L. Denger, with whom Willard K. Tom, Steuart H. Thomsen, Bruce M. Bettigole, and Lee H. Pelton, Washington, D.C., were on the brief, for appellant.

Richard J. Leighton, with whom Douglas J. Behr, Richard F. Mann, Lewis Bernstein, and Robert B. Hummel, Washington, D.C., were on the brief, for appellee.

Before EDWARDS, SENTELLE and THOMAS, Circuit Judges.

Opinion for the court filed by Circuit Judge THOMAS.

CLARENCE THOMAS, Circuit Judge:

In this case, Ralston Purina Co. and ALPO Petfoods, Inc., two of the leading dog food producers in the United States, have sued each other under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1982) (amended 1988),1 alleging false advertising. ALPO asserts that Ralston has violated section 43(a) by claiming that its Puppy Chow products...

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