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FIRST NAT. BANK, SIOUX FALLS v. FIRST NAT., S.D.

No. 97-2278.

153 F.3d 885 (1998)

FIRST NATIONAL BANK, IN SIOUX FALLS, a national banking corporation, Plaintiff-Appellant, v. FIRST NATIONAL BANK, SOUTH DAKOTA, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 21, 1998.

Rehearing and Suggestion for Rehearing Denied October 1, 1998.

Attorney(s) appearing for the Case

James E. McMahon, Sioux Falls, SD, argued (Douglas J. Hajek and Tamara A. Wilka, on the brief), for appellant.

Gene L. Lebrun, Rapid City, SD, argued (Richard P. Jeffries and Kutak Rock, on the brief), for appellee.

Before FAGG, JOHN R. GIBSON and MURPHY, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 1, 1998.

JOHN R. GIBSON, Circuit Judge.

The First National Bank in Sioux Falls appeals from one portion of the district court's order which granted relief against First National Bank, South Dakota under the Lanham Act and common law of service mark enjoining FNB South Dakota from using only the marks "First National" or "First National Bank" within a ten-mile radius of FNB Sioux Falls Bank, but...

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