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PARA-ORDANCE MFG. v. SGS IMPORTS INTERN., INC.

Nos. 94-1486, 94-1487.

73 F.3d 1085 (1995)

PARA-ORDNANCE MANUFACTURING, INC., Plaintiff-Appellant, v. SGS IMPORTERS INTERNATIONAL, INC., Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined March 20, 1996

Attorney(s) appearing for the Case

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, DC, argued for plaintiff-appellant. With him on the brief were Thomas H. Jenkins and Linda A. Wadler. Also on the brief were Marvin Petry and Linda M. Ring, Larson & Taylor, Arlington, Virginia, of counsel.

Sumner C. Rosenberg, Needle & Rosenberg, P.C., Atlanta, Georgia, argued for defendant/cross-appellant. With him on the brief was Nagendra Setty. Also on the brief were Mary Jane Saunders and Roger P. Furey, Arter & Hadden, Washington, DC, of counsel.

Before ARCHER, Chief Judge, CLEVENGER, and SCHALL, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined March 20, 1996

Opinion for the court filed by Circuit Judge SCHALL.

Dissenting opinion filed by Chief Judge ARCHER.

SCHALL, Circuit Judge.

Para-Ordnance Manufacturing, Inc. (Para-Ordnance) appeals the June 2, 1994 decision and the June 9, 1994 order of the United States District Court for the Eastern District of Virginia. Para-Ordnance Mfg., Inc. v. SGS Importers Int'l, Inc.,

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