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NOVAK v. MUTUAL OMAHA INSURANCE COMPANY

SUPREME COURT OF THE UNITED STATES


October 31, 1988

NOVAK, FRANKLYN, PETITIONER
v.
MUTUAL OF OMAHA INSURANCE COMPANY

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT; Reported below: 836 F.2d 397.

Rehnquist, Brennan, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Kennedy

The petition for a writ of certiorari is denied.

Disposition

Certiorari denied.

JUSTICE WHITE, dissenting.

A question presented in this case is whether a district court's finding of a likelihood of confusion in a trademark infringement matter under Section 43(a) of the Lanham Act, 15 U. S. C. ยง 1125(a), is reviewable under the "clearly erroneous" standard, as a finding of fact, or de novo, as a conclusion of law. I have noted before that federal courts disagree over this question. See Euroquilt, Inc. v. Scandia Down Corp., 475 U. S. 1147 (1986) (WHITE, J., dissenting from denial of certiorari); Elby's Big Boy of Steubenville, Inc. v. Frisch's Restaurants, Inc., 459 U. S. 916 (1982) (same). I would grant certiorari to resolve the conflict.

19881031

© 1998 VersusLaw Inc.



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