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OMI HOLDINGS, INC. v. ROYAL INS. CO. OF CANADA

Nos. 97-3022, 97-3041 and 97-3042.

149 F.3d 1086 (1998)

OMI HOLDINGS, INC., Plaintiff-Appellant-Cross-Appellee, v. ROYAL INSURANCE COMPANY OF CANADA; Seaboard Surety Company of Canada, Defendants-Appellees-Cross-Appellants, Royal Indemnity Company; Zurich Insurance Company, Defendants.

United States Court of Appeals, Tenth Circuit.

June 30, 1998.

Attorney(s) appearing for the Case

Steven H. Hoeft (Byron L. Gregory and Paul L. Langer of McDermott, Will & Emery, Chicago, IL, and Richard N. Roe, Lowe, Farmer, Bacon & Roe, Olathe, KS, with him on the brief) of McDermott, Will & Emery, Chicago, IL, for Plaintiff-Appellant.

Robert M. Callagy and John Haybob (Christina Magee of Niewald Waideck & Brown, Kansas City, MO, and Mark Lerner of Satterlee Stephens Burke & Burke, L.L.P., New York City, with him on the brief) of Satterlee Stephens Burke & Burke, L.L.P., New York City, for Defendants-Appellees.

Before ANDERSON, BALDOCK, and MURPHY, Circuit Judges.

BALDOCK, Circuit Judge.

Plaintiff OMI Holdings, Inc. (OMI) is a wholly-owned subsidiary of Canadian brewer, John Labatt, Ltd. (Labatt). OMI is an Iowa corporation with its principal place of business in Minnesota. During the period from 1985 to 1992, OMI purportedly held two United States patents covering the process for making large-granule wheat starch (LGS) and the process for making carbonless paper from LGS. On November 6, 1986, Manildra Milling Corporation,...

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