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SUPERIOR SEAFOODS, INC. v. TYSON FOODS, INC.

No. 09-2031.

620 F.3d 873 (2010)

SUPERIOR SEAFOODS, INC.; Superior Seafoods, L.L.C.; Quality Finer Foods, Inc., Plaintiffs-Appellants, Louis E. Kemp, Plaintiff, v. TYSON FOODS, INC.; Con Agra Grocery Products Company, L.L.C., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 3, 2010.

Attorney(s) appearing for the Case

Marcy S. Wallace , argued, Minneapolis, MN, for appellant.

Robert James Gilbertson , argued, John W. Ursu, on the brief, Minneapolis, MN, for Tyson Foods, Inc.

Patrick C. Stephenson , argued, John P. Passarelli , on the brief, Omaha, NE, for Con Agra Grocery Products Company, L.L.C.

Before WOLLMAN, HANSEN, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

This case is the latest in a series of trademark-related actions stemming from Plaintiff Louis Kemp's sale of a seafood-products business to Oscar Mayer.1 In one of the earlier cases, the district court2 entered a consent judgment disposing of several issues prior to a bench trial. The present case, filed more than five years later and after several foregone opportunities to challenge...

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