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PERRY v. H. J. HEINZ CO. BRANDS, L.L.C.

No. 20-30418.

994 F.3d 466 (2021)

Dennis PERRY, Plaintiff-Appellant, v. H. J. HEINZ COMPANY BRANDS, L.L.C.; Kraft Heinz Foods Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed April 12, 2021.

Attorney(s) appearing for the Case

Brad E. Harrigan, Esq. , Kenneth L. Tolar , Tolar Harrigan & Morris, L.L.C., New Orleans, LA, for Plaintiff-Appellant.

Tracy Zurzolo Quinn , Holland & Knight, L.L.P., Philadelphia, PA, Lawrence Bradley Hancock, Esq. , Ashley Kristi Soppet , Holland & Knight, L.L.P., Houston, TX, for Defendants-Appellees.

Before Owen, Chief Judge, and Graves and Ho, Circuit Judges.

Mr. Dennis Perry makes Metchup, which depending on the batch is a blend of either Walmart-brand mayonnaise and ketchup or Walmart-brand mustard and ketchup. Mr. Perry sells Metchup exclusively from the lobby of a nine-room motel adjacent to his used-car dealership in Lacombe, Louisiana. He has registered Metchup...

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