The PROCTER & GAMBLE COMPANY and The Procter & Gamble Distributing Company, Plaintiffs-Appellants,
v.
AMWAY CORPORATION, et al., Defendants,
Amway Corporation; The Amway Distributors Association Council; Ja-Ri Corporation; Donald R. Wilson; Wow International, Inc.; Wilson Enterprises, Inc.; Ronald A. Rummel, Individually Doing Business as Rummel Enterprises; Kevin Shinn; Randy Haugen; Freedom Associates, Inc.; Freedom Tools, Inc.; Randy Walker; Walker International Network; Gene Shaw; John & Jane Does 6-10, Business Entities; Dexter Yager, Sr.; Birdie Yager; and D&B Yager Enterprises, Inc., Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
February 14, 2001.
February 14, 2001.
Attorney(s) appearing for the Case
Arthur R. Miller (argued), Cambridge, MA, Stanley M. Chesley, Fay E. Stilz, Paul Michael DeMarco, Waite, Schneider, Bayless & Chesley, Cincinnati, OH, Richard A. Sheehy, Sheehy, Serpe & Ware, Houston, TX, for Plaintiffs-Appellants.
Charles L. Babcock (argued), David T. Moran, Carl C. Butzer, Jackson & Walker, Dallas, TX, Richard Earl Griffin, Jackson & Walker, Houston, TX, for Amway Corp.
William J. Abraham, Rick Joseph Abraham, Abraham Law Offices, Columbus, OH, Edward B. McDonough, Jr., Mark Stephen Dube, McDonough & Associates, Houston, TX, for Amway Distributors Ass'n Council.
Robert L. DeJong, Miller, Canfield, Paddock & Stone, Grand Rapids, MI, for Ja-Ri Corp.
Byron George Lee, Kim G. Altsuler, Allison Linneman Strawn, Coats, Rose, Yale, Holm, Ryman & Lee, Houston, TX, for Donald R. Wilson, Wow Intern., Inc., Wilson Enterprises, Inc., Ronald A. Rummel, Randy Haugen, Freedom Associates, Inc., Freedom Tools, Inc., Randy Walker, Walker Intern. Network, Dexter Yager, Sr., Birdie Yager and D&B Yager Enterprises, Inc.
Warren Royal Taylor, Taylor & Taylor, Houston, TX, for Kevin Shinn and Gene Shaw.
Before SMITH and DENNIS, Circuit Judges, and ROETTGER, District Judge.
United States Court of Appeals, Fifth Circuit.
JERRY E. SMITH, Circuit Judge:
The Procter & Gamble Company ("P&G") appeals the dismissal of its lawsuit against Amway Corporation and other defendants for defamation, fraud, and violations of the Lanham Act, RICO, and Texas state law. We affirm in part, reverse in part, and remand.
I.
P&G, a manufacturer and distributor of numerous household products, has been plagued by rumors of links to Satanism...
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