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ANHEUSER-BUSCH, INC. v. SUPREME INTERN. CORP.

No. 98-1816.

167 F.3d 417 (1999)

ANHEUSER-BUSCH, INCORPORATED, Appellant, v. SUPREME INTERNATIONAL CORPORATION, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 28, 1999.

Attorney(s) appearing for the Case

Douglas N. Masters, Chicago, IL, argued (Edward G. Wierzbicki and Bradley Cohn, Chicago, IL, Charles A. Siegel and E. Michael Murphy, St. Louis, MO, on the brief), for appellant.

Lawrence Kill, New York, N.Y., argued (Sherri C. Strand, St. Louis, MO, on the brief), for appellee.

Before RICHARD S. ARNOLD, FAGG, and HALL, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge.

Anheuser-Busch, Inc. ("Anheuser") appeals the district court's2 order dismissing Anheuser's declaratory judgment action against Supreme International Corp. ("Supreme") after refusing to apply the first-filed rule. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I. FACTS

In January 1996, Anheuser began a national advertising campaign for Bud Ice beer that used a penguin...

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