United States Eighth Circuit

In a dispute over trademark rights, the district court did not exercise discretion based upon the interests of justice in denying plaintiff's motion to amend its complaint as moot, while granting defendant's motion to dismiss. Plaintiff was not an intended beneficiary of a consent decree, and thus could not enforce its provisions.

Appellate Information

• Decided 11/27/2002
• Published 11/27/2002

Judges

• MCMILLIAN, Circuit Judge., Before McMILLIAN, BRIGHT and BOWMAN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mark J. Zimmerman, argued, Dallas, TX (Marguerite Broussard, on the brief), for appellant.


• For Appellees:
  
• Jack A. Wheat, argued, Louisville, KY (David W. Nagle, Jr. and Jamie K. Neal, Louisville, KY, Jeffrey J. Simon, Kansas City, MO, on the brief), for appellee.