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WELCH FOODS, INC. v. NATIONAL UNION FIRE INS. CO.

No. 10-2261.

659 F.3d 191 (2011)

WELCH FOODS, INC., a Cooperative, Plaintiff, Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA; Zurich American Insurance Company; Axis Surplus Lines Insurance Company, Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided October 24, 2011.

Attorney(s) appearing for the Case

Martin C. Pentz , with whom Jeremy A.M. Evans , Foley Hoag LLP, Richard D. Milone , S. Mahmood Ahmad , and Kelley Drye & Warren LLP were on brief, for appellant.

Michael P. Duffy , with whom Harvey Weiner , Jane A. Horne , and Peabody & Arnold LLP were on brief, for appellee National Union Fire Insurance Company of Pittsburgh, PA.

Before LYNCH, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

PER CURIAM.

Welch Foods, Inc. was accused in two lawsuits, one by its competitor, POM Wonderful LLC, and one by a group of consumers, of deceptive trade practices, false and misleading advertising, and deceptive labeling, among other claims. The claims concerned Welch's product, Welch's 100% Juice White Grape Pomegranate Flavored Three Juice Blend, which was primarily apple and grape juice, and the label on which was pictured primarily pomegranates. Welch says the...

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