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SAMARA BROTHERS, INC. v. WAL-MART STORES, INC.

Docket Nos. 97-7933(L), 97-9003(CON).

165 F.3d 120 (1998)

SAMARA BROTHERS, INC., Plaintiff-Appellee, v. WAL-MART STORES, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 28, 1998.

Attorney(s) appearing for the Case

William D. Coston, Washington, D.C. (Kenneth C. Bass, III, David M. Malone, B.L. Waite, Venable, Baetjer, Howard & Civiletti, LLP, Washington, D.C., of counsel), for Appellant Wal-Mart Stores, Inc.

Stuart M. Riback, New York, NY (Allen G. Reiter, Siller Wilk LLP, New York, NY, of counsel), for Appellee Samara Brothers, Inc.

BEFORE: NEWMAN and PARKER, Circuit Judges, and CARMAN, Chief Judge, U.S.Ct. of Int'l Trade.

PARKER, Circuit Judge:

Appellant Wal-Mart Stores, Inc. ("Wal-Mart") appeals from a judgment of the United States District Court for the Southern District of New York (Denny Chin, Judge) entered July 17, 1997, after a jury trial, denying Wal-Mart's Motion for Judgment as a Matter of Law on appellee Samara Brothers' claims of violations of the Copyright Act, 17 U.S.C. § 101 et seq., section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and New...

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