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SMITH v. SNAP-ON TOOLS CORP.

No. 86-4943.

833 F.2d 578 (1987)

Basil W. SMITH, Jr., Plaintiff-Appellant Cross-Appellee, v. SNAP-ON TOOLS CORPORATION, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 1988.

Attorney(s) appearing for the Case

Orma R. Smith, Jr., Smith, Ross & Trapp, Corinth, Miss., for Smith.

L.F. Sams, Jr., W. Scott Collins, Mitchell, McNutt, Bush, LaGrone & Sams, Tupelo, Miss., for Snap-On Tools Corp.

Before CLARK, Chief Judge, GEE, and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Basil Smith, a resident of Mississippi, made a ratchet by combining parts of two existing tools. Hoping to see his ratchet made available for sale, he brought it to the attention of Snap-On Tools, Inc., a corporation with its principal place of business in Wisconsin, by showing the ratchet to an independent dealer, then submitting a tool suggestion form to corporate headquarters. Snap-On began manufacturing and selling the ratchet without...

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