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ORIGINAL HONEY BAKED HAM v. GLICKMAN

No. 98-5244.

172 F.3d 885 (1999)

The ORIGINAL HONEY BAKED HAM COMPANY OF GEORGIA, INC., Appellee, v. Daniel R. GLICKMAN, Secretary, United States Department of Agriculture, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided April 9, 1999.

Attorney(s) appearing for the Case

Constance A. Wynn, Attorney, U.S. Department of Justice, argued the cause for appellants. With her on the briefs were Frank W. Hunger, Assistant Attorney General, Wilma A. Lewis, U.S. Attorney, and Barbara C. Biddle, Assistant Director, U.S. Department of Justice.

Robert G. Hibbert argued the cause and filed the brief for appellee.

Before: WALD, HENDERSON, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Thanksgiving, Christmas and Easter are the busiest times of year for The Original Honey Baked Ham Company of Georgia. To capture more of the market during these periods, Honey Baked decided to open temporary "kiosks" in shopping malls near its ninety-seven retail stores. Two of the company's products—cooked hams and turkeys—...

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