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A & H SPORTSWEAR v. VICTORIA'S SECRET STORES

Nos. 97-1541.

166 F.3d 197 (1998)

A & H SPORTSWEAR INC.; Mainstream Swimsuits, Inc. v. VICTORIA'S SECRET STORES, INC.; Victoria's Secret Catalogue, Inc., Appellants.

United States Court of Appeals, Third Circuit.

Submitted December 14, 1998.

Decided January 21, 1999.

Attorney(s) appearing for the Case

H. Robert Fiebach, Cozen & O'Connor, Philadelphia, PA, Frank J. Colucci (Argued), Richard P. Jacobson, Colucci & Umans, New York, N.Y., for Victoria's Secret Stores, Inc. and Victoria's Secret Catalogue, Inc., Appellants in No. 97-1541.

Michael F. Snyder, Arthur H. Seidel, Stephen J. Meyers (Argued), Seidel, Gonda, Lavorgna & Monaco, Philadelphia, PA, Norman Seidel Laub, Seidel, Cohen & Hof Easton, PA, for A & H Sportswear Inc. and Mainstream Swimsuits, Inc., Appellees in No. 97-1541.

Before: BECKER, Chief Judge, SLOVITER, STAPLETON, MANSMANN, GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, LEWIS, McKEE, and RENDELL Circuit Judges.

Submitted en banc December 14, 1998.

Argued May 19, 1998.

Before: SLOVITER, GREENBERG and GIBSON,* Circuit Judges.

Submitted en banc Dec. 14, 1998.

Before: BECKER, Chief Judge, SLOVITER, STAPLETON, MANSMANN, GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, LEWIS, McKEE, and RENDELL Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Presently pending before the en banc court in this...

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