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PETRO STOPPING CENTERS v. JAMES RIVER PETROLEUM

No. 97-1215.

130 F.3d 88 (1997)

PETRO STOPPING CENTERS, L.P., Plaintiff-Appellant, v. JAMES RIVER PETROLEUM, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 26, 1997.

Attorney(s) appearing for the Case

ARGUED: Paul Forest Kilmer, Gadsby & Hannah, L.L.P., Washington, DC, for Appellant. Edward Eric Scher, Thorsen, Marchant & Scher, L.L.P., Richmond, Virginia, for Appellee. ON BRIEF: Carol L.B. Matthews, Thomas W. Brooke, Caroline A. Leonard, Gadsby & Hannah, L.L.P., Washington, DC, for Appellant. Julie M. Whitlock, Thorsen, Marchant & Scher, L.L.P., Richmond, Virginia, for Appellee.

Before WILKINSON, Chief Judge, MURNAGHAN, Circuit Judge, and PHILLIPS, Senior Circuit Judge.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge MURNAGHAN and Senior Judge PHILLIPS joined.

OPINION

WILKINSON, Chief Judge:

Petro Stopping Centers, L.P. ("Petro Stopping") sued James River Petroleum, Inc. ("James River"), alleging federal and common law trademark infringement, federal and common law unfair competition, federal dilution, and Virginia false advertising claims. After a bench trial, the district...

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