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TONE BROS., INC. v. SYSCO CORP.

Nos. 92-1347, 92-1379.

28 F.3d 1192 (1994)

TONE BROTHERS, INC., Plaintiff-Appellant, v. SYSCO CORPORATION, Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined September 15, 1994.

Attorney(s) appearing for the Case

Edmund J. Sease, Zarley, McKee, Thomte, Voorhees & Sease, Des Moines, IA, argued for plaintiff-appellant. With him on the brief were Kirk M. Hartung and Heidi E. Sease.

Steve Rosenblatt, Rosenblatt & Associates, P.C., Houston, TX, argued for defendant/cross-appellant. With him on the brief was Paula Morris.

Before PLAGER, CLEVENGER, and SCHALL, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined September 15, 1994.*

SCHALL, Circuit Judge.

Tone Brothers, Inc. ("Tone") appeals from the judgment of the United States District Court for the Southern District of Iowa granting summary judgment for Sysco Corporation ("Sysco") and dismissing the case. Tone Bros., Inc. v. Sysco Corp., 23 USPQ2d 1184, 1992 WL 200128 (S.D.Iowa Mar. 17, 1992). In its complaint, Tone...

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