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TANK INSULATION INTERN., INC. v. INSULTHERM, INC.

No. 96-40019.

104 F.3d 83 (1997)

TANK INSULATION INTERNATIONAL, INCORPORATED, Plaintiff-Appellant, v. INSULTHERM, INC.; et al., Defendants, Insultherm, Inc.; Mark A. McBride; Thermacon, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 29, 1997.

Attorney(s) appearing for the Case

Cynthia T. Sheppard, Robert Preston Houston, Houston, Marek and Griffin, Victoria, TX, William G. Stapp, Angela K. Green, Niewald, Waldeck & Brown, Kansas City, MO, for plaintiff-appellant.

Jane Nenninger Bland, Sid Leach, Joan Alison Juban, Baker & Botts, Houston, TX, David James Healy, Arnold, White & Durkee, Houston, TX, for defendants-appellees, Insultherm, Inc. and McBride.

Leon Vadim Komkov, James Bruce Bennett, Baskin, Bennett & Komkov, Austin, TX, for defendant-appellee Thermacon, Inc.

Before REYNALDO G. GARZA, JOLLY and DeMOSS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal presents the question whether a Sherman Act antitrust claim is a compulsory counterclaim in a patent infringement action. The district court concluded that the claim was a compulsory counterclaim and held that, because it was not raised in the prior infringement action, it was barred by Federal Rule of Civil Procedure 13(a). The district court, therefore, dismissed the antitrust complaint, and Tank Insulation International...

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