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JOSEPH BROS. CO. v. F.W. WOOLWORTH CO.

Nos. 85-3636, 85-3637.

844 F.2d 369 (1988)

JOSEPH BROTHERS COMPANY, Plaintiff-Appellant, Cross-Appellee, v. F.W. WOOLWORTH COMPANY, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 18, 1988.

Attorney(s) appearing for the Case

James R. Jeffrey, argued, Susan B. Nelson, Spengler, Nathanson, Hehman, McCarthy & Durfee, Toledo, Ohio, for plaintiff-appellant, cross-appellee.

Michael J. Zavatsky, argued, Taft, Stettinius, & Hollister, Cincinnati, Ohio, for defendant-appellee, cross-appellant.

Before KENNEDY and RYAN, Circuit Judges, and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

Plaintiff, Joseph Brothers Company (Joseph Brothers), appeals and defendant, F.W. Woolworth Company (Woolworth), cross-appeals from an order of the district court granting in part and denying in part Joseph Brothers' motion for summary judgment. Joseph Bros. Co. v. F.W. Woolworth Co., 641 F.Supp. 822 (N.D. Ohio 1985). Joseph Brothers argues that, as a matter of law, an agreement between...

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