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EAT RIGHT FOODS LTD. v. WHOLE FOODS MARKET, INC.

No. 15-35524.

880 F.3d 1109 (2018)

EAT RIGHT FOODS LTD., Plaintiff-Counter-Defendant-Appellant, v. WHOLE FOODS MARKET, INC., Defendant, and Whole Foods Market Services, Inc.; Whole Foods Market Pacific Northwest, Inc., Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 29, 2018.

Attorney(s) appearing for the Case

Mark P. Walters (argued) and Lawrence D. Graham , Lowe Graham Jones PLLC, Seattle, Washington, for Plaintiff-Counter-Defendant-Appellant.

Stephen P. Meleen (argued), Jered E. Matthysse , and Travis R. Wimberly , Pirkey Barber PLLC, Austin, Texas; Christopher Tompkins , Betts Patterson Mines, Seattle, Washington; for Defendants-Counter-Claimants-Appellees.

Before: Richard C. Tallman and Paul J. Watford, Circuit Judges, and Richard F. Boulware II, District Judge.

OPINION

Eat Right Foods Ltd. (ERF) appeals the district court's summary judgment dismissal of its claims against Whole Foods Market Services, Inc., and Whole Foods Market Pacific Northwest, Inc. (Whole Foods). ERF, which sold "EatRight" branded cookies to Whole Foods for many years, argues that its former customer...

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