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STURGIS MOTORCYCLE RALLY v. RUSHMORE PHOTO & GIFTS

Nos. 17-1762, 17-1869, 17-2712, 17-2731.

908 F.3d 313 (2018)

STURGIS MOTORCYCLE RALLY, INC., Plaintiff-Appellee v. RUSHMORE PHOTO & GIFTS, INC.; JRE, Inc.; Carol Niemann; Paul A. Niemann; Brian M. Niemann; Wal-Mart Stores, Inc., Defendants-Appellants Sturgis Motorcycle Rally, Inc., Plaintiff-Appellant v. Rushmore Photo & Gifts, Inc.; JRE, Inc.; Carol Niemann; Paul A. Niemann; Brian M. Niemann; Wal-Mart Stores, Inc., Defendants-Appellees Sturgis Motorcycle Rally, Inc., Plaintiff-Appellee v. Rushmore Photo & Gifts, Inc.; JRE, Inc.; Carol Niemann; Paul A. Niemann; Brian M. Niemann; Wal-Mart Stores, Inc., Defendants-Appellants Sturgis Motorcycle Rally, Inc., Plaintiff-Appellant v. Rushmore Photo & Gifts, Inc.; JRE, Inc.; Carol Niemann; Paul A. Niemann; Brian M. Niemann; Wal-Mart Stores, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 2, 2018.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Eric H. Chadwick , of Minneapolis, MN. The following attorney(s) appeared on the appellant brief; Brian L. Stender , of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee was Jason M. Sneed , of Davidson, NC. The following attorney(s) appeared on the appellee brief; Courtney R. Clayborne , of Rapid City, SD., Michael C. Loos , of Rapid City, SD., Charles Marvin Landrum, III , of Roswell, GA., Megan E. Sorokes , of Davidson, NC.

Before WOLLMAN, ARNOLD, and KELLY, Circuit Judges.

Since 1938, a motorcycle rally has occurred almost every August in and around the City of Sturgis, South Dakota. It was the brainchild of Clarence "Pappy" Hoel, who in the late 1930s owned the local Indian motorcycle dealership and founded a local motorcycle club, the Jackpine Gypsies.

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