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SOFAMOR DANEK GROUP, INC. v. BROWN

No. 96-35983.

124 F.3d 1179 (1997)

SOFAMOR DANEK GROUP, INC., Plaintiff-Appellee, v. Mark BROWN, in his official capacity as Director of the State of Washington Department of Labor and Industries, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 15, 1997.

Attorney(s) appearing for the Case

Beverly Norwood Goetz, Assistant Attorney General, Seattle, WA, for defendant-appellant.

Christopher W. Tompkins, Betts, Patterson & Mines, Seattle, WA, and Edward M. Basile, King & Spalding, Washington, DC, for plaintiff-appellee.

Before: REAVLEY, O'SCANNLAIN and FERNANDEZ, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether an official of the State of Washington is subject to suit in federal court for alleged violations of federal trademark law.

I

Mark Brown, Director of the Department of Labor and Industries of the State of Washington, appeals interlocutorily the district court's order denying his motion to dismiss an action brought against him pursuant to § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a),

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