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C.B. FLEET v. SMITHKLINE BEECHAM CONSUMER HEALTHCARE

No. 96-2606.

131 F.3d 430 (1997)

C.B. FLEET COMPANY, INCORPORATED, A Virginia corporation, Plaintiff-Appellant, v. SMITHKLINE BEECHAM CONSUMER HEALTHCARE, L.P., A Delaware limited partnership, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 10, 1997.

Attorney(s) appearing for the Case

ARGUED: Rodney F. Page, Arent, Fox, Kintner, Plotkin & Kahn, Washington, DC, for Appellant. Kenneth Allen Plevan, Skadden, Arps, Slate, Meagher & Flom, L.L.P., New York City, for Appellee. ON BRIEF: Peter S. Reichertz, Arent, Fox, Kintner, Plotkin & Kahn, Washington, DC, for Appellant. Bruce J. Goldner, Skadden, Arps, Slate, Meagher & Flom, L.L.P., New York City; William B. Poff, Sara B. Winn, Woods, Rogers & Hazlegrove, P.L.C., Roanoke, VA, for Appellee.

Before WILKINS and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge WILKINS and Judge MICHAEL joined.

OPINION

PHILLIPS, Senior Circuit Judge:

This is an appeal by C.B. Fleet Company, Inc. (Fleet), a manufacturer of feminine hygiene products, from a judgment dismissing for failure of proof its Lanham Act false advertising claims against a competitor, SmithKline Beecham Consumer Healthcare, L.P. (SmithKline). We affirm.

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