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DANA CORP. v. AMERICAN PRECISION CO., INC.

No. 87-1095.

827 F.2d 755 (1987)

DANA CORPORATION, Plaintiff/Appellant, v. AMERICAN PRECISION COMPANY, INC. and Illinois Auto Truck Co., Inc., Defendants/Appellees.

United States Court of Appeals, Federal Circuit.

August 28, 1987.

Attorney(s) appearing for the Case

John D. Briggs, Howrey & Simon, Washington, D.C., argued for plaintiff/appellant. With him on brief, were Scott E. Flick, William E. Wallace, III, Joseph P. Lavelle and Keith L. Seat. Also on brief, were Martin J. Strobel, Michael L. DeBacker and Robert M. Leonardi, Dana Corp., Toledo, Ohio, of counsel.

Barry Grossman, Banner, Birch, McKie & Beckett, Washington, D.C., and James B. Muskal, Leydig, Voit & Mayer, Ltd., Chicago, Ill., argued for defendants/appellees. Also on brief, were Harold J. Birch, Banner, Birch, McKie & Beckett, Washington, D.C., and Paul T. Fox, Holleb & Coff, Ltd., Chicago, Ill.

Richard A. Mehler, Mehler, Frantz, Conlon, Knapp, Phelan & Varnum, Washington, D.C., argued for amicus curiae Automotive Parts Rebuilders Assn.

Before MARKEY, Chief Judge, BENNETT, Senior Circuit Judge, and SMITH, Circuit Judge.

MARKEY, Chief Judge.

Dana Corporation (Dana) appeals from an order of the United States District Court for the Northern District of Illinois (Holderman, J.) granting summary judgment to American Precision Company, Inc. (APC) and Illinois Auto Truck Co., Inc. (IAT).1 618 F.Supp. 288 (N.D.Ill.1985). We affirm.

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