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MALTA v. SCHULMERICH CARILLONS, INC.

Nos. 90-1250, 90-1269.

959 F.2d 923 (1992)

Jacob H. MALTA and Malmark, Inc., Plaintiffs-Appellants, v. SCHULMERICH CARILLONS, INC., and Ronald O. Beach, Defendants/Cross-Appellants, and Kelly-Michener, Inc., and the Handchime Company, Ltd., Defendants.

United States Court of Appeals, Federal Circuit.

March 9, 1992.

Attorney(s) appearing for the Case

Charles N. Quinn of Miller & Quinn, Philadelphia, Pa., for plaintiffs-appellants.

Albert W. Preston, Jr. of Woodcock Washburn Kurtz Mackiewicz & Norris, Philadelphia, Pa., for defendants/cross-appellants. With him on the brief was John P. Donohue, Jr.

ORDER

A suggestion for rehearing in banc having been filed in this case, and a response thereto having been invited by the court and filed,

UPON CONSIDERATION THEREOF, it is

ORDERED that the suggestion for rehearing in banc be, and the same hereby is, declined.

PAULINE NEWMAN, Circuit Judge, dissenting from denial of rehearing en banc.

With denial of Malta's request for en banc review, this court has perpetuated the...

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