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FIRST BANK v. FIRST BANK SYSTEM, INC.

No. 95-2238.

84 F.3d 1040 (1996)

FIRST BANK, Appellant, v. FIRST BANK SYSTEM, INC.; and First Bank, fsb, formerly known as Metropolitan Federal Bank, fsb, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 29, 1996.

Rehearing and Suggestion for Rehearing Denied July 15, 1996.

Attorney(s) appearing for the Case

Donald H. Zarley, Des Moines, IA, argued (Edmund J. Sease and Heidi Sease Nebel, on the brief), for appellant.

Paul B. Klaas, Minneapolis, MN, argued (J. Thomas Vitt, on the brief), for appellee.

Before McMILLIAN, JOHN R. GIBSON, and BEAM, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied July 15, 1996.

BEAM, Circuit Judge.

First Bank (FB) appeals the district court's1 order dissolving a preliminary injunction and denying its motion for a permanent injunction against the use of FIRST BANK, FIRST BANK IOWA, or any colorable imitations of those terms by First Bank System, Inc. (FBS).2 Because FB failed to prove the facts essential to...

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