O.J. DISTRIBUTING v. HORNELL BREWING CO.

No. 01-1583.

340 F.3d 345 (2003)

O.J. DISTRIBUTING, INC., a/k/a Great State Beverage, Plaintiff-Appellant, v. HORNELL BREWING COMPANY, INC., d/b/a Ferolito, Vultaggio & Sons, a/k/a AriZona Beverages, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 14, 2003.

Petition for Rehearing Denied: September 30, 2003.


Attorney(s) appearing for the Case

ARGUED: Matthew A. Gibb, GIBB LAW FIRM, Shelby Township, Michigan, for Appellant. John A. Ruemenapp, WEISMAN, YOUNG, SCHLOSS & RUEMENAPP, Bingham Farms, Michigan, for Appellee.

ON BRIEF: Matthew A. Gibb, GIBB LAW FIRM, Shelby Township, Michigan, for Appellant.

John A. Ruemenapp, WEISMAN, YOUNG, SCHLOSS & RUEMENAPP, Bingham Farms, Michigan, for Appellee.

Before: BATCHELDER, MOORE, and CLAY, Circuit Judges.


Petition for Rehearing Denied En Banc: September 30, 2003.

Pursuant to Sixth Circuit Rule 206

CLAY, J., delivered the opinion of the court, in which MOORE, J., joined. BATCHELDER, J. (pp. 360-361), delivered a separate opinion concurring in part and dissenting in part.

OPINION

CLAY, Circuit Judge.

Plaintiff, O.J. Distributing, Inc., a/k/a Great State Beverage, appeals from the district court's order entered on March 29, 2001 granting...

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