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MOLTAN CO. v. EAGLE-PICHER INDUSTRIES, INC.

Nos. 94-5345, 94-6472.

55 F.3d 1171 (1995)

MOLTAN COMPANY, Plaintiff/Counter-Defendant-Appellant, v. EAGLE-PICHER INDUSTRIES, INC.; Eagle-Picher Minerals, Inc., Defendants/Counter-Plaintiffs/Third-Party Plaintiffs-Appellees, William M. Gurley, B.J. Gurley, individually and d/b/a Moltan Company, Third-Party Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided June 2, 1995.

Attorney(s) appearing for the Case

John D. Horne (argued and briefed), Memphis, TN, for plaintiff-appellant.

Michael Richards (briefed), Sam B. Blair, Jr. (argued), Baker, Donelson, Bearman & Caldwell, Memphis, TN, for Eagle-Picher Industries, Inc., Eagle-Picher Minerals, Inc.

John D. Horne, Memphis, TN, for William M. Gurley, B.J. Gurley.

Before: KENNEDY and DAUGHTREY, Circuit Judges; CLELAND, District Judge.

KENNEDY, Circuit Judge.

Both Moltan and Eagle-Picher manufacture diatomaceous earth oil absorbent products ("DE products"). In September 1993, Moltan filed suit against Eagle-Picher, accusing it of defamation and commercial disparagement, among other things. Eagle-Picher denied these allegations and filed a counter-claim against Moltan, accusing Moltan of engaging in false advertising and labelling. Eagle-Picher requested that the District Court issue a preliminary...

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