ADVANCED CARDIOVASCULAR SYSTEMS, INC. v. SCIMED LIFE SYSTEMS, INC.

No. 92-1157.

988 F.2d 1157 (1993)

ADVANCED CARDIOVASCULAR SYSTEMS, INC., Plaintiff/Cross-Complaint Defendant/Appellee, v. SCIMED LIFE SYSTEMS, INC., Defendant, and Robert L. Hess, Cross-Complainant/Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined May 13, 1993.


Attorney(s) appearing for the Case

Richard A. Bardin, Fulwider, Patton, Lee & Utecht, Los Angeles, CA, argued, for plaintiff/cross-complaint defendant/appellee. With him on the brief were Craig B. Bailey and Stephen J. Strauss.

Keith V. Rockey, Rockey & Rifkin, Chicago, IL, argued, for cross-complainant/appellant. With him on the brief was Kathleen A. Lyons. Also on the brief was Michael R. Cunningham, Gray, Plant, Mooty, Mooty & Bennett, Minneapolis, MN.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MICHEL, Circuit Judge.


Rehearing Denied; Suggestion for Rehearing In Banc Declined May 13, 1993.

PAULINE NEWMAN, Circuit Judge.

Robert L. Hess appeals the judgment of the United States District Court for the District of Minnesota,1 entered upon motion made under Rule 12(b)(6) of the Federal Rules of Civil Procedure, dismissing his cross-complaint with prejudice, on the ground of laches. We vacate the dismissal.

BACKGROUND

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