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SEM-TORQ, INC. v. K MART CORP.

No. 90-3986.

936 F.2d 851 (1991)

SEM-TORQ, INC., Plaintiff-Appellant, v. K MART CORPORATION; and Hy-Ko Products Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 17, 1991.

Rehearing Denied July 23, 1991.

Attorney(s) appearing for the Case

Jeanne E. Longmuir, Charles B. Lyon (argued), Calfee, Halter & Griswold, Cleveland, Ohio, for plaintiff-appellant.

Margaret M. Meko, Edward Kancler (argued), Benesch, Friedlander, Coplan & Aronoff, Richard J. Minnich, Fay, Sharpe, Beall, Fagan, Minnich & McKee, Cleveland, Ohio, for defendants-appellees.

Before JONES and RYAN, Circuit Judges, and PECK, Senior Circuit Judge.

RYAN, Circuit Judge.

Sem-Torq, Inc. appeals the district court's grant of summary judgment in favor of K mart Corporation and Hy-Ko Products Company in this suit alleging copyright infringement, in violation of 17 U.S.C. § 101 et seq., and state law claims of unfair competition, unjust enrichment, and breach of contract. The following issues are before us:

Whether the district court erred in determining that Sem-Torq's double-sided signs do not...

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