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MADE IN THE USA FOUND. v. PHILLIPS FOODS

No. 03-1752.

365 F.3d 278 (2004)

MADE IN THE USA FOUNDATION, the class of all consumers in the State of Maryland who have purchased frozen Phillips Maryland Style Crab Cakes or have dined at Phillips Seafood Restaurants during the past three years, Plaintiff-Appellant, v. PHILLIPS FOODS, INC.; PHILLIPS SEAFOOD GRILL, INCORPORATED, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Argued: January 22, 2004.

Decided: April 19, 2004.

Attorney(s) appearing for the Case

ARGUED: Joel David Joseph, Joseph & Associates, Bethesda, Maryland, for Appellant. Joseph Paul Esposito, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, D.C., for Appellees. ON BRIEF: Michael L. Converse, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, D.C., for Appellees.

Before WILKINS, Chief Judge, and WIDENER and MICHAEL, Circuit Judges.

Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Chief Judge WILKINS and Judge WIDENER joined.

OPINION

MICHAEL, Circuit Judge:

After concluding that consumers lack standing to sue under the Lanham Act, 15 U.S.C. § 1051 et seq., the district court dismissed a consumer group's claim alleging false advertisement in violation of the Act. We affirm. I. Made in the USA Foundation...

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