HUTCHINSON v. PFEIL

No. 95-5269.

105 F.3d 566 (1997)

Thomas R. HUTCHINSON, individually and as Personal Representative of the Estate of Anne Hutchinson, deceased, Plaintiff-Appellant, v. Richard B. PFEIL; Mary Joan Pfeil; Art Services International, Inc.; William H. Gerdts; David Bernard Dearinger; and Sona Johnston, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 22, 1997.


Attorney(s) appearing for the Case

Joan Godlove of Glenn R. Beustring and Associates, Tulsa, OK (Glenn R. Beustring and Todd Alexander, Glenn R. Beustring and Associates, Tulsa, OK, with him on brief), for Plaintiff-Appellant.

Lewis N. Carter of Doerner, Saunders, Daniel & Anderson, Tulsa, OK, for Defendants-Appellees Richard B. Pfeil, Mary Joan Pfeil, Art Services International, Inc., William H. Gerdts, and David Bernard Dearinger (James L. Kincaid and Cheryl L. Cooper of Crowe & Dunlevy, Tulsa, OK and Barrett W. Freedlander of Weinberg and Green, Baltimore, MD with him on brief), for Defendant-Appellee Sona Johnston.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge and KELLY, Circuit Judge.


EBEL, Circuit Judge.

Plaintiff-Appellant, Thomas R. Hutchinson ("Hutchinson"), brought this action under § 43(a) of the Lanham Act1 alleging that Richard and Mary Joan Pfeil (collectively "the Pfeils") are falsely advertising the history of a certain painting in an art catalogue. Hutchinson has also joined as defendants Art Services International, Inc., the non-profit corporation which produced...

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