111568P.pdf   05/25/2012  The First National Bank  v.  First National Bank SD
   U.S. Court of Appeals Case No:  11-1568
                          and No:  11-1683
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Gruender, Author, with Benton and Shepherd, Circuit Judges]
   Civil case - Trademarks. For the court's decision in an earlier suit
   between the parties, see First Nat'l Bank in Sioux Falls v. First Nat'l
   Bank, S.D., 153 F.3d 885 (8th Cir. 1998). Action here was not barred by
   the doctrine of res judicata because the new suit includes facts not
   common to the prior action; confusion log maintained by FNB Sioux Falls
   was inadmissible double hearsay, but its admission was harmless error and
   did not require reversal; district court's finding of a likelihood of
   confusion was based on a permissible view of the evidence and was not
   clearly erroneous; denial of attorneys' fees affirmed; portion of district
   court's amended Findings of Fact and Conclusions of Law regarding
   possible appropriate names was not an advisory opinion that the names
   did not infringe plaintiff's marks.