IN RE LORILLARD TOBACCO CO.

No. 03-16553.

370 F.3d 982 (2004)

In re LORILLARD TOBACCO COMPANY, Plaintiff-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2004.


Attorney(s) appearing for the Case

John R. Bailey, David J. Merrill, and Joshua M. Dickey, Law Offices of John R. Bailey, Las Vegas, NV, for the plaintiff-appellant.

Before: WALLACE, McKEOWN, and CALLAHAN, Circuit Judges.


McKEOWN, Circuit Judge:

This case arises from the district court's denial of Lorillard Tobacco Company's application for an ex parte order to seize purportedly counterfeit cigarettes. Upon Lorillard's timely appeal, we find ourselves confronted with a novel issue of appellate jurisdiction. To date, only one court has faced the question whether a seizure order authorized under the trademark law, 15 U.S.C. § 1116(d), is...

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