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NATIONAL PRESTO INDUSTRIES, INC. v. DAZEY CORP.

No. 96-1162.

107 F.3d 1576 (1997)

NATIONAL PRESTO INDUSTRIES, INC., Plaintiff-Appellant, v. DAZEY CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 6, 1997.

Attorney(s) appearing for the Case

Jerold A. Jacover, Brinks Hofer Gilson & Lione, Chicago, IL, argued, for plaintiff-appellant. With him on the brief was Philip A. Jones.

Gerald M. Kraai, Litman, McMahon & Brown, L.L.C., Kansas City, MO, argued, for defendant-appellee. Of counsel were Paul J. Korniczky, Leydig, Voit & Mayer, Ltd., Chicago, IL, and Mark G. Arnold, Husch & Eppenberger, St. Louis, MO.

Before LOURIE, Circuit Judge, SKELTON, Senior Circuit Judge, and RADER, Circuit Judge.

RADER, Circuit Judge.

Dazey Corporation (Dazey) filed an "emergency motion" with the United States District Court for the Northern District of Illinois, Eastern Division, seeking a declaration of its rights under a settlement agreement that had terminated its prior litigation with National Presto Industries, Inc. (Presto). After the district court ruled in Presto's favor on the merits of the motion, Dazey moved to dismiss the action for lack of subject matter jurisdiction...

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