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OLIN CORP. v. YEARGIN INC.

No. 97-5606.

146 F.3d 398 (1998)

OLIN CORPORATION, Plaintiff-Appellant, v. YEARGIN INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 9, 1998.

Rehearing and Suggestion for Rehearing Denied August 13, 1998.

Attorney(s) appearing for the Case

Gregory M. Leitner (argued and briefed), Timothy L. Mickel (briefed), Leitner, Williams, Dooley & Napolitan, Chattanooga, TN, for Plaintiff-Appellant.

William G. Colvin, Schumaker & Thompson, Chattanooga, TN, Edmund M. Kneisel (argued), Caroline W. Spangenberg (briefed), Kilpatrick & Stockton, Atlanta, GA, for Defendant-Appellee.

Before: KENNEDY, CONTIE, and MOORE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied August 13, 1998.

KENNEDY, J., delivered the opinion of the court, in which MOORE, J., joined. CONTIE, J. (pp. 409-410), delivered a separate opinion concurring in part and dissenting in part.

OPINION

KENNEDY, Circuit Judge.

Plaintiff, Olin Corporation, appeals from the District Court's order granting partial summary judgment on behalf of the defendant, Yeargin Incorporated, in this action...

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