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BAILEY v. DART CONTAINER CORP. OF MICHIGAN

Nos. 02-1165, 02-1166.

292 F.3d 1360 (2002)

John A. BAILEY, Plaintiff-Appellant, v. DART CONTAINER CORPORATION OF MICHIGAN, Dart Container Corporation of Kentucky, Dart Container Corporation of Pennsylvania, and Dart Container Corporation, Defendants-Appellees. John A. Bailey, Plaintiff-Appellee, v. Dart Container Corporation of Michigan, Dart Container Corporation of Kentucky, Dart Container Corporation of Pennsylvania, and Dart Container Corporation, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

DECIDED: June 7, 2002.

Attorney(s) appearing for the Case

Erik P. Belt, Bromberg & Sunstein LLP, of Boston, MA, for plaintiff-appellant. Of counsel were Sarah C. Peck and Anne Marie Longobucco.

Scott L. Robertson, Hunton & Williams, of Washington, DC, for defendants-cross appellants. Of counsel were Thomas J. Scott, Jr., Ozzie A. Farres, and Emerson V. Briggs, III.

Before LOURIE, LINN and DYK, Circuit Judges.

ON MOTION

LINN, Circuit Judge.

ORDER

John A. Bailey moves to dismiss appeal 02-1166 filed by Dart Container Corporation of Michigan et al. Dart Container opposes. Bailey replies.

The United States District Court for the District of Massachusetts found noninfringement and Bailey appealed. Dart Container prevailed on the merits of the case, but states that it filed a "conditional" cross-appeal so that it could raise arguments regarding...

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