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OHIO CELLULAR PRODUCTS CORP. v. ADAMS USA

No. 98-1448.

175 F.3d 1343 (1999)

OHIO CELLULAR PRODUCTS CORPORATION, Plaintiff-Third Party Plaintiff-Appellant, and Donald E. Nelson, Third Party Defendant-Appellant, v. ADAMS USA, INC. and Apehead Manufacturing, Inc., Defendants/Third Party Plaintiffs-Appellees, v. All American Sports Corporation, Third Party Defendant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined June 3, 1999.

Attorney(s) appearing for the Case

Ernest R. Bazzana, Plunkett & Cooney, P.C., of Detroit, Michigan, argued for plaintiff/third party plaintiff-appellant and third party defendant.

Joel T. Beres, Wheat, Camoriano Smith & Beres, PLC, of Louisville, Kentucky, argued for defendant/third party plaintiff-appellees. With him on the brief were Jack A. Wheat, and Vance A. Smith. Of counsel was David W. Nagle, Jr.

Before NEWMAN, MICHEL, and PLAGER, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing En Banc Declined June 3, 1999.

Opinion for the court filed by Circuit Judge MICHEL. Dissenting opinion filed by Circuit Judge PAULINE NEWMAN.

MICHEL, Circuit Judge.

Ohio Cellular Products Corporation ("Ohio Cellular") and Donald Nelson ("Nelson")1 appeal from the decision of the United States District Court for the Northern District of Ohio, granting Adams USA, Inc. and Apehead...

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