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CASTROL INC. v. PENNZOIL CO.

No. 92-5353.

987 F.2d 939 (1993)

CASTROL INC., Appellee, v. PENNZOIL COMPANY and Pennzoil Products Company, Appellants.

United States Court of Appeals, Third Circuit.

Decided February 4, 1993.

Rehearing and Rehearing Denied March 3, 1993.

Attorney(s) appearing for the Case

Lewis R. Clayton (argued), Robert A. Atkins, Peter B. Bensinger, Jr., Randy J. Kass, Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Anne M. Patterson, Riker, Danzig, Scherer, Hyland & Perretti, Morristown, NJ, of counsel), for plaintiff/appellee.

John A Ridley, Crummy, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ (James E. Maloney (argued), Paul R. Elliott, Baker & Botts, Houston, TX, of counsel), for defendants/appellants.

Before MANSMANN, ROTH, and ROSENN, Circuit Judges.

Rehearing and Rehearing In Banc, Denied March 3, 1993.

OPINION OF THE COURT

ROSENN, Circuit Judge.

The primary issue raised by this appeal is whether one of this nation's major oil companies engaged in deceptive advertising in violation of the Lanham Act, 15 U.S.C. § 1125(a) (1988). The parties to this appeal further call upon this court to interpret the degree to which commercial speech is protected by the First Amendment to the United States...

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