H.D. OLIVER FUNERAL APTS. v. DIGNITY FUNERAL SERV.

Civil Action No. 2:97cv218.

964 F.Supp. 1033 (1997)

H.D. OLIVER FUNERAL APARTMENTS, INC., Plaintiff, v. DIGNITY FUNERAL SERVICES, INC., t/a Altmeyer Funeral Homes, a Virginia corporation, and Altmeyer Funeral Homes, Inc., a West Virginia corporation, Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

May 14, 1997.


Attorney(s) appearing for the Case

Walter D. Kelley, Jr., Thomas Scott McGraw, Willcox & Savage, Norfolk, VA, for Plaintiff.

Patrick D. Allen, Calvin Wooding Fowler, Jr., Dana Duane McDaniel, Williams, Mullen, Christian & Dobbins, Richmond, VA, for Defendants.


OPINION AND ORDER

PRINCE, United States Magistrate Judge.

This is an action by a funeral business against another funeral business alleging causes of action under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (Count I), the Virginia Consumer Protection Act (VCPA), Va. Code § 59.1-196 et seq. (Count II), and for common law defamation (Count III), all growing out of a newspaper advertisement placed by the defendants. Defendants...

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