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NORA BEVERAGES v. PERRIER GROUP OF AMERICA

Docket No. 98-7041.

164 F.3d 736 (1998)

NORA BEVERAGES, INC., Plaintiff-Appellant, v. PERRIER GROUP OF AMERICA, INC., Poland Spring Corporation, Zephyrhills Corporation, Arrowhead Water Corporation, and Calistoga Mineral Water Company, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 30, 1998.

Attorney(s) appearing for the Case

Martin Flumenbaum, Paul, Weiss, Rifkind, Wharton & Garrison, New York, N.Y. (Brad S. Karp, Lynn B. Bayard of Counsel; Howard G. Slavitt, Steven J. Wadyka, Jr., Slavit & Gill, P.C.) for Plaintiff-Appellant.

Jeffrey M. Garrod, Orloff, Lowenbach, Stifelman & Siegel, P.A., Roseland, N.J. (Linda B. Lewinter, Craig A. Ollenschleger of Counsel) for Defendants-Appellees.

Before: CABRANES and POOLER, Circuit Judges and TRAGER, District Judge.

POOLER, Circuit Judge:

Plaintiff Nora Beverages, Inc., ("Nora") appeals from a grant of summary judgment entered on December 10, 1997, in the United States District Court for the District of Connecticut (Ellen Bree Burns, Judge). The judgment dismissed Nora's trade dress and Connecticut statutory and common law claims against defendants Perrier Group of America, Inc. ("PGA"), Poland Spring Corporation ("Poland Spring"), Zephyrhills Corporation ("Zephyrhills...

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