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HILTON DAVIS CHEMICAL CO. v. WARNER-JENKINSON CO.

No. 93-1088.

114 F.3d 1161 (1997)

HILTON DAVIS CHEMICAL CO., Plaintiff-Appellee, v. WARNER-JENKINSON COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 12, 1997.

Attorney(s) appearing for the Case

David E. Schmit, Frost & Jacobs, Cincinnati, OH, filed plaintiff-appellee's Response to Motion Concerning Proceedings on Remand From the Supreme Court. Of counsel were Martin J. Miller and Jayadeep R. Deshmukh.

J. Robert Chambers, Wood, Herron & Evans, Cincinnati, OH, filed for defendant-appellant the Motion Concerning Proceedings on Remand From the Supreme Court.

Before ARCHER, Chief Judge, RICH, Circuit Judge, COWEN, Senior Circuit Judge, NEWMAN, MAYER, MICHEL, PLAGER, LOURIE, CLEVENGER, RADER, SCHALL, and BRYSON, Circuit Judges.

ORDER

PER CURIAM.

This case is back in this court on remand from the Supreme Court of the United States. See Warner-Jenkinson Co. v. Hilton Davis Chem. Co., ___ U.S. ___, 117 S.Ct. 1040, 137 L.Ed.2d 146 (1997). In Warner-Jenkinson, the Court reversed the judgment of this court and remanded the case stating:

Because the Court of Appeals for the Federal Circuit did not consider all of the requirements as described by us today...

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