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VANTAGE TRAILERS, INC. v. BEALL CORP.

No. 08-20139.

567 F.3d 745 (2009)

VANTAGE TRAILERS, INC., Plaintiff-Appellant, v. BEALL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 8, 2009.

Attorney(s) appearing for the Case

Carroll Vernon Lawson, Matthews, Lawson & Bowick, PLLC, Houston, TX, Phillip A. Wittmann (argued), Barry Weldon Ashe, Stone, Pigman, Walther & Wittmann, New Orleans, LA, for Plaintiff-Appellant.

Earl Russell Tarleton (argued), Donna Marie Chamberlin, Seed Intellectual Prop. Law Group, PLLC, Seattle, WA, Charles J. Rogers, Conley Rose, Houston, TX, for Defendant-Appellee.

Before JONES, Chief Judge, JOLLY, Circuit Judge, and MONTALVO, District Judge.

EDITH H. JONES, Chief Judge:

Vantage Trailers, Inc. ("Vantage") filed suit seeking a declaratory judgment that its design for a new aluminum bottom dump trailer would not infringe any valid trademark rights held by Beall Corporation ("Beall"). In a thorough and well-reasoned opinion, which develops the facts more thoroughly than we need do here, the district court dismissed the case for lack of subject matter jurisdiction because Vantage did not have a substantially...

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