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FNB SIOUX FALLS v. FIRST NAT. BANK SOUTH DAKOTA

No. Civ. 06-4101.

655 F.Supp.2d 979 (2009)

The FIRST NATIONAL BANK IN SIOUX FALLS, a national banking corporation, Plaintiff, v. FIRST NATIONAL BANK SOUTH DAKOTA, SPC, INC. d/b/a First National Merchant Solutions, First National Bank of Omaha, and First National of Nebraska, Inc., Defendants.

United States District Court, D. South Dakota, Southern Division.

September 11, 2009.

Attorney(s) appearing for the Case

Allen Hinderaker, John A. Clifford, William D. Schultz, Merchant & Gould, P.C., Minneapolis, MN, Cheryle Wiedmeier Gering, Douglas J. Hajek, Roberto Antonio Lange, Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, for Plaintiff.

David L. Nadolski, Lee A. Magnuson, Lynn, Jackson, Shultz & Lebrun, P.C., Sioux Falls, SD, John P. Passarelli, Kutak Rock, Omaha, NE, for Defendants.

AMENDED COURT TRIAL MEMORANDUM OPINION AND ORDER

LAWRENCE L. PIERSOL, District Judge.

A court trial was held on the Second Amended Complaint (Doc. 61) of the Plaintiff The First National Bank in Sioux Falls (FNB Sioux Falls). In this Second Amended Complaint FNB Sioux Falls has sought relief for alleged violations of the Lanham Act, common law service mark infringement, and common law unfair competition, as well as for the alleged violation of a preliminary...

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