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COTTRELL, LTD. v. BIOTROL INTERN., INC.

No. 97-1475.

191 F.3d 1248 (1999)

COTTRELL, LTD., a Colorado corporation, Plaintiff-Appellant, v. BIOTROL INTERNATIONAL, INC., a Delaware corporation, and Pro-dex, Inc., a Colorado corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 10, 1999.

Attorney(s) appearing for the Case

Howard J. Beck (Douglas Jaffe with him on the briefs), Beck and Cassinis, P.C., Aurora, Colorado.

Richard A. Johnson (Julie S. Schoenfeld with him on the brief), Porzak Browning & Johnson LLP, Boulder, Colorado.

Before EBEL, BRISCOE and LUCERO, Circuit Judges.

EBEL, Circuit Judge.

Cottrell, Ltd. ("Cottrell") filed a Lanham Act claim against Pro-Dex, Inc. ("Pro-Dex"), and its wholly-owned subsidiary, Biotrol International, Inc. ("Biotrol"), alleging that they made false and misleading representations with regard to their hard surface cleaning product, "Birex." The district court granted the defendants-appellees' motion to dismiss pursuant to Fed. R.Civ.P. 12(b)(6). We now reverse...

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