073866P.pdf   06/22/2009  B & B Hardware  v.  Hargis Industries
   U.S. Court of Appeals Case No:  07-3866
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Shepherd, Author, with Beam and Bye, Circuit Judges]
   Civil case - Trademarks. For the court's earlier opinion in a related
   matter between the parties, see B&B Hardware v. Hargis Indus., Inc., 252
   F.3d 1010 (8th Cir. 2001). The district court erred in finding that the
   prior litigation between the parties collaterally estopped this current
   trademark infringement action as the jury in that case had not addressed
   the likelihood of confusion between the parties' marks; since the issues
   litigated and decided in the prior action were not the same as the issues
   in this matter, the prior judgment did not collaterally estop this action;
   reversed and remanded for further proceedings.