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ALE HOUSE MANAGEMENT v. RALEIGH ALE HOUSE

No. 99-1175.

205 F.3d 137 (2000)

ALE HOUSE MANAGEMENT, INCORPORATED, a Florida corporation, Plaintiff-Appellant, v. RALEIGH ALE HOUSE, INCORPORATED, a North Carolina corporation; John A. Duranko, a resident of Florida, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 1, 2000.

Attorney(s) appearing for the Case

ARGUED: Michael J. Burley, Michael J. Burley, P.A., Tequesta, Florida, for Appellant. David Ernest Bennett, Coats & Bennett, P.L.L.C., Cary, North Carolina, for Appellees. ON BRIEF: Larry L. Coats, Coats & Bennett, P.L.L.C., Cary, North Carolina, for Appellees.

Before NIEMEYER, Circuit Judge, Deborah K. CHASANOW, United States District Judge for the District of Maryland, sitting by designation, and Andre M. DAVIS, United States District Judge for the District of Maryland, sitting by designation.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge CHASANOW and Judge DAVIS joined.

OPINION

NIEMEYER, Circuit Judge:

Ale House Management, Inc., an operator of a small chain of facilities selling food and beer in Florida, seeks to enjoin Raleigh Ale House, Inc. from opening a similar type of facility in Raleigh, North Carolina. Ale House Management asserts a proprietary...

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