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ALLTRADE, INC. v. UNIWELD PRODUCTS, INC.

No. 90-55605.

946 F.2d 622 (1991)

ALLTRADE, INC., Plaintiff-Appellant, v. UNIWELD PRODUCTS, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1991.

As Amended October 31, 1991.

Attorney(s) appearing for the Case

Louis S. Mastriani, Barbara A. Murphy, and Larry L. Shatzer, II, Adduci, Mastriani, Meeks & Schill, Washington, D.C., for plaintiff-appellant.

Neil F. Greenblum, Roger P. Glass, Michael J. Fink, and Jordan S. Weinstein, Sandler, Greenblum & Bernstein, Arlington, Va., for defendant-appellee.

Before D.W. NELSON, O'SCANNLAIN and TROTT, Circuit Judges.

D.W. NELSON, Circuit Judge:

This case focuses on an apparent conflict between two legal principles: First, the well-established "first to file rule," which allows a district court to transfer, stay, or dismiss an action when a similar complaint has already been filed in another federal court; second, the statutory right to appeal enjoyed by a party "dissatisfied" with a "decision" of the Trademark Trial and Appeal Board ("Board").

Invoking the former principle...

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