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REPUBLIC TOBACCO v. NORTH ATLANTIC TRADING

No. 04-1098, 04-1202.

381 F.3d 717 (2004)

REPUBLIC TOBACCO CO., Plaintiff-Appellee/Cross-Appellant, v. NORTH ATLANTIC TRADING COMPANY, INC., et al., Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 1, 2004.

Attorney(s) appearing for the Case

Charles S. Bergen (argued), Michael Kazan, Grippo & Elden, Chicago, IL, for Plaintiff-Appellee.

Christopher Landau (argued), Kirkland & Ellis, Washington, DC, Anne G. Kimball, Wildman, Harrold, Allen & Dixon, Chicago, IL, for Defendant-Appellant.

Before FLAUM, Chief Judge, and MANION and WILLIAMS, Circuit Judges.

FLAUM, Chief Judge.

This appeal involves the claims that two competing tobacco companies brought against one another—one company suing for violation of antitrust laws, the other for defamation. North Atlantic Trading Co., Inc. ("North Atlantic") was upset when its efforts to engage new markets for its cigarette papers proved unsuccessful. It blamed its difficulties in cultivating new customers on the business practices of its competitor, Republic Tobacco Company...

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