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AMERICAN ASS'N OF ORTHODONTISTS v. YELLOW BOOK USA

No. 04-3521.

434 F.3d 1100 (2006)

AMERICAN ASSOCIATION OF ORTHODONTISTS, Plaintiff-Appellant, v. YELLOW BOOK USA, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 24, 2006.

Attorney(s) appearing for the Case

Richard B. Walsh, Jr., argued, St. Louis, MO (Neal F. Perryman, Michael J. Hickey, and Bridget G. Hoy, on the brief), for appellant.

Mark S. Sableman, argued, St. Louis, MO (Harry W. Wellford, Jr., and Sharon Rosenberg, on the brief), for appellee.

Before LOKEN, Chief Judge, BEAM and MELLOY, Circuit Judges.

LOKEN, Chief Judge.

Yellow Book USA, Inc., publishes "yellow pages" directories that list, by category, businesses and professionals that pay for the listings. During the time in question, Yellow Book publications in Missouri included separate listings for "Dentists," "Dentists-Orthodontists," and "Orthodontists (Straightening-Braces)." The American Association of Orthodontists ("AAO"), a trade organization representing orthodontists, commenced this action for injunctive...

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