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COLLEGE SAV. BANK v. FLA. PREPAID POSTSECONDARY

Nos. 97-5055, 97-5086.

131 F.3d 353 (1997)

COLLEGE SAVINGS BANK, Appellant in No. 97-5055, United States of America, Intervenor-Plaintiff in D.C., v. FLORIDA PREPAID POSTSECONDARY EDUCATION EXPENSE BOARD. COLLEGE SAVINGS BANK, United States of America, Intervenor-Plaintiff in D.C., v. FLORIDA PREPAID POSTSECONDARY EDUCATION EXPENSE BOARD, United States of America, Appellant in No. 97-5086.

United States Court of Appeals, Third Circuit.

Decided December 5, 1997.

Attorney(s) appearing for the Case

David C. Todd (argued), Deborah M. Lodge, Patton Boggs, L.L.P., Washington, DC, Arnold B. Calmann Saiber, Schlesinger, Satz & Goldstein, Newark, NJ, for Appellant College Savings Bank.

Frank W. Hunger, Assistant Attorney General, Faith S. Hochberg, United States Attorney, Mark B. Stern, Michael E. Robinson (argued), Department of Justice, Washington, DC, for Intervenor-Appellant.

William B. Mallin (argued), Lewis F. Gould, Jr., Joseph M. Ramirez, Anne E. Hendricks, Eckert Seamans Cherin & Mellott, LLC, Pittsburgh, PA, Louis F. Hubener, Assistant Attorney General of Florida, Tallahassee, FL, for Appellee.

Gerald P. Dodson, Emily A. Evans, Arnold, White & Durkee, Menlo Park, CA, Richard L. Stanley Arnold, White & Durkee, Houston, TX, P. Martin Simpson, Jr., The University of California Office of Technology Transfer, Alameda, CA, for Amicus Curiae Regents of The University of California.

Before: MANSMANN, GREENBERG, and ALARCON, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

College Savings Bank ("CSB") and the United States appeal from a final judgment entered in the district court on December 16, 1996, dismissing an unfair competition claim CSB brought against Florida Prepaid Post-secondary Education Expense Board ("Florida Prepaid") under the Lanham Act. See 15 U.S.C. § 1051 et seq. They assert that the district court had jurisdiction...

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