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SHOWMAKER v. ADVANTA USA, INC.

No. 04-1502.

411 F.3d 1366 (2005)

Edward SHOWMAKER, Plaintiff-Appellant, v. ADVANTA USA, INC. (formally known as Garst Seed Company and doing business as Garst Seed Company), Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 14, 2005.

Attorney(s) appearing for the Case

Ronald E. Osman, Ronald E. Osman & Associates, Ltd., of Marion, Illinois, argued for plaintiff-appellant.

Donald R. Frederico, McDermott Will & Emery LLP, of Boston, Massachusetts, argued for defendant-appellee. With him on the brief were Peter L. Resnik and Scott E. Murray.

Before CLEVENGER, RADER, and DYK, Circuit Judges.

RADER, Circuit Judge.

The United States District Court for the Southern District of Illinois dismissed Edward Showmaker's claim that Advanta USA, Inc.'s (Advanta) Soybean Purchase Agreements (Agreement) violated the misbranding provision of the Plant Variety Protection Act (PVPA), codified at 7 U.S.C. § 2568 (1994). Showmaker v. Advanta USA, Inc., No. 03-CV-4096-DRH (S.D.Ill. Jan. 14, 2004). The district court determined that the PVPA "neither creates...

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