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UNITED PHOSPHORUS, LTD. v. MIDLAND FUMIGANT, INC.

Nos. 98-3222, 98-3233, 98-3279 and 99-3099.

205 F.3d 1219 (2000)

UNITED PHOSPHORUS, LTD., a corporation organized under the laws of India; Inventa Corporation, a New Jersey Corporation, Plaintiffs-Appellees and Cross-Appellants, v. MIDLAND FUMIGANT, INC.; Donald F. Fox, Defendants-Appellants and Cross-Appellees, Phos-Fume Chemical Co., formerly a Kansas corporation; Kaw Valley, Inc., a Kansas corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 6, 2000.

Attorney(s) appearing for the Case

Floyd R. Finch, Jr. (Shelley A. Runion with him on the briefs) of Blackwell Sanders Peper Martin LLP, Kansas City, Missouri, for Plaintiffs-Appellees and Cross-Appellants.

John C. Tillotson (D.A.N. Chase of Chase & Yakimo, Overland Park, Kansas with him on the briefs) of Murray, Tillotson, Nelson & Wiley, Chartered, Leavenworth, Kansas, for Defendants-Appellants and Cross-Appellees.

Before BALDOCK, BRORBY and LUCERO, Circuit Judges.

BRORBY, Circuit Judge.

United Phosphorus (United) brought this action against Midland Fumigant (Midland), and its president, Donald Fox, claiming violation of the Lanham Act, fraudulent trademark registration, trademark infringement, unfair competition, violation of the Racketeer Influenced and Corrupt Organization Act (RICO), and common law fraud, all in conjunction with Midland's use of the "Quick-Phos" trademark for the fumigant aluminum phosphide. Following trial...

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