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EMERITO ESTRADA RIVERA-ISUZU DE P.R., INC. v. CONSUMERS UNION

No. 99-2333.

233 F.3d 24 (2000)

EMERITO ESTRADA RIVERA-ISUZU DE P.R., INC., Plaintiff, Appellant, v. CONSUMERS UNION OF UNITED STATES, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 28, 2000.

Attorney(s) appearing for the Case

Lisa I. Fair with whom Michael J. Rovell, Law Offices of Michael J. Rovell, Charles A. Cuprill-Hernandez and Law Offices of Charles A. Cuprill were on brief for appellant.

Michael N. Pollet with whom Pollet & Felleman, Ramon E. Bauza-Higuera and Bauza & Davila were on brief for appellee.

Before BOUDIN, Circuit Judge, BOWNES, Senior Circuit Judge, and LYNCH, Circuit Judge.

BOUDIN, Circuit Judge.

Consumers Union of United States, Inc. ("Consumers Union") is a not-for-profit corporation that regularly conducts performance testing of consumer products. At a press conference on August 20, 1996, Consumers Union announced the results of its tests of the 1995-1996 Isuzu Trooper, a sport utility vehicle built by Isuzu Motors Ltd. ("Isuzu").1 Consumers Union called the Trooper "Not Acceptable" because of its "tendency...

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