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BARRUS v. SYLVANIA

No. 94-55040.

55 F.3d 468 (1995)

Jerry P. BARRUS; Paul C. Pfeifle, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. SYLVANIA, a division of GTE; GTE Products Corporation, a subsidiary of GTE Products of Connecticut Corporation; GTE Products of Connecticut Corp., a subsidiary of GTE Corp.; GTE Corp.; Osram Sylvania, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 19, 1995.

Attorney(s) appearing for the Case

Marcus J. Berger, Howarth & Smith, Los Angeles, CA, for plaintiffs-appellants.

M. Laurence Popofsky, Heller, Ehrman, White & McAuliffe, San Francisco, CA, for defendants-appellees.

Before: FLETCHER, BRUNETTI, and T.G. NELSON, Circuit Judges.

BRUNETTI, Circuit Judge:

Appellants Jerry Barrus and Paul Pfeifle filed a class action lawsuit against Sylvania and its various parent corporations on behalf of all consumers who purchased Sylvania light bulbs before July 14, 1993.1 Appellants claim that defendants violated section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(B) (Supp. V 1993), by falsely advertising Sylvania "Energy Saver" light bulbs.

According to the...

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