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HENRY HEIDE, INC. v. WRH PRODUCTS CO., INC.

Nos. 84-5341, 84-5353.

766 F.2d 105 (1985)

HENRY HEIDE, INC., Appellant, v. WRH PRODUCTS CO., INC., Cross-Appellant. Appeal of STERILITE CORPORATION and the Dow Chemical Company.

United States Court of Appeals, Third Circuit.

Decided June 27, 1985.

As Amended July 17, 1985.

Rehearing Denied July 23, 1985.

Attorney(s) appearing for the Case

Edward J. Gilhooly [argued], Edwards & Antholis, Morristown, N.J., Peter Aron, Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for appellant.

Clarkson S. Fisher, Jr. [argued], John P. Croake, Evans, Koelzer, Osborne & Kreizman, Red Bank, N.J., for cross-appellant.

Richard J. Shackleton [argued], Shackleton, Hazeltine & Buczynski, Ship Bottom, N.J., for appellee, cross-appellee Dow Chemical Co.

Stephen H. Oleskey [argued], Hale & Dorr, Boston, Mass., for appellee, cross-appellee Sterilite Corp.

Before SEITZ and HIGGINBOTHAM, Circuit Judges, and GILES, District Judge.

OPINION OF THE COURT

SEITZ, Circuit Judge.

The plaintiff, Henry Heide, Inc. ("Heide"), appeals from an order of the district court granting a summary judgment dismissing its claims against defendants Sterilite Corporation ("Sterilite") and Dow Chemical Company ("Dow"). This order was made final pursuant to Federal Rule of Civil Procedure 54(b). Another defendant, WRH Products Co., Inc. ("WRH"), appeals from an order of the district court granting a summary...

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