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ALLSUP, INC. v. ADVANTAGE 2000 CONSULTANTS INC.

No. 04-3376.

428 F.3d 1135 (2005)

ALLSUP, INC., Plaintiff-Appellant, v. ADVANTAGE 2000 CONSULTANTS INC., a Missouri Corporation; Richard C. Smith, other, Pete; Terry L. Binder; Robert V. Luetkenhaus, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 16, 2005.

Rehearing and Rehearing Denied December 23, 2005.

Attorney(s) appearing for the Case

Terrence J. O'Toole, argued, St. Louis, MO (Ameer Gado, on the brief), for appellant.

David T. Ahlheim, argued, St. Louis, MO (James W. Childress, on the brief), for appellee.

Before BYE, BEAM, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 23, 2005.

BYE, Circuit Judge.

Allsup, Inc. (Allsup) sued Advantage 2000 Consultants, Inc. (A2K), Richard C. Smith, and Terry L. Binder alleging reverse passing-off in violation of 15 U.S.C. § 1125(a)(1)(A), false advertising in violation of 15 U.S.C. § 1125(a)(1)(B), and eight claims under Missouri common law. The district court1 granted the defendants' motion for summary...

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