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FIRST NAT. BANK SIOUX FALLS v. FIRST NAT. BANK SD

Nos. 11-1568, 11-1683.

679 F.3d 763 (2012)

The FIRST NATIONAL BANK IN SIOUX FALLS, Appellee/Cross-Appellant, v. FIRST NATIONAL BANK SOUTH DAKOTA; SPC, Inc., doing business as First National Merchant Solutions; First National Bank of Omaha; First National of Nebraska, Inc., Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 25, 2012.

Attorney(s) appearing for the Case

John Patrick Passarelli , argued, Omaha, NE, Lee A. Magnuson , Sioux Falls, Nicholas Clatterbuck , Omaha, NE, on the brief, for Appellants/Cross-Appellees.

Allen W. Hinderaker , argued, Minneapolis, MN, Douglas J. Hajek , Vince M. Roche , Sioux Falls, William D. Schultz , John A. Clifford , Minneapolis, MN, on the brief, for Appellee/Cross-Appellant.

Before GRUENDER, BENTON, and SHEPHERD, Circuit Judges.

GRUENDER, Circuit Judge.

First National Bank South Dakota ("FNB South Dakota") and its affiliates appeal from the district court's1 entry of a permanent injunction against them as a remedy for trademark infringement and unfair competition claims brought by The First National Bank in Sioux Falls ("FNB Sioux Falls"). FNB Sioux Falls cross-appeals the denial of its motion for attorney's fees and the district court's purported factual finding...

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