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SOUTHLAND SOD FARMS v. STOVER SEED CO.

No. 94-56137.

108 F.3d 1134 (1997)

SOUTHLAND SOD FARMS; Pickseed West Inc., Plaintiffs-Appellants, v. STOVER SEED CO.; Warrens Turf Nursery, Defendants-Appellees. Turf Merchants Inc.; Genesis Group; TMI Acquisition Inc.; KWS Seeds, Inc.; Frederick B. Ledeboer, Defendants-Cross-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 11, 1997.

Attorney(s) appearing for the Case

Louis P. Petrich, David Aronoff, Leopold, Petrich & Smith, Los Angeles, California; Robert L. Compton, Susan M. Seemiller, Nordman, Cormany, Hair & Compton, Oxnard, California, for plaintiffs-appellants Southland Sod Farms and Pickseed West Inc.

Craig Donahue, Christian E. Sanne, Kevin M. McCormick, Thomas & Price, Glendale, California, for defendant-cross-defendant-appellee KWS Seeds, Inc.

Leslie E. Criswell, David Berry, Hornberger & Criswell, Los Angeles, California, for defendant-appellee Stover Seed Company.

Theresa M. Marchlewski, William E. Ireland, Tamara Equals Holmes, Haight, Brown & Bonesteel, Santa Monica, California, for defendants-appellees Turf Merchants, Inc. and The Genesis Group.

Timothy J. Hughes, Heidi S. Hart, Daniels, Baratta & Fine, Los Angeles, California, for defendant-appellee TMI Acquisition, Inc.

Before: BEEZER, BRUNETTI, and JOHN T. NOONAN, Jr., Circuit Judges.

OPINION

BRUNETTI, Circuit Judge:

Plaintiffs and Defendants are competing producers of turfgrass seed and sod. After Defendants ran advertisements claiming that their turfgrass was better than Plaintiffs' in certain key characteristics, Plaintiffs brought this lawsuit alleging false advertising under the Lanham Act and related state laws. The district court granted Defendants' motion for summary judgment, ruling that Plaintiffs had failed to raise a triable...

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