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HICKSON CORP. v. NORTHERN CROSSARM CO., INC.

No. 02-15899.

357 F.3d 1256 (2004)

HICKSON CORPORATION, Plaintiff-Counter-Defendant-Appellee Cross-Appellant, v. NORTHERN CROSSARM CO., INC., Patrick Bischel, in his individual capacity, Defendants-Counter-Claimants-Appellants Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 26, 2004.

Attorney(s) appearing for the Case

David S. McCrea, Bloomington, IN, for Defendants.

Andrew McFee Thompson, William W. Maycock, Smith, Gambrell & Russell, Atlanta, GA, for Plaintiff.

Before TJOFLAT, BIRCH and GOODWIN, Circuit Judges.

GOODWIN, Circuit Judge:

A controversy over promotional language employed by competitors in the wood-preservation products industry resulted in litigation in which parties on both sides obtained a summary judgment. Both sides have appealed. Because material evidence was overlooked in the district court, one of the summary judgments must be vacated and remanded. We affirm the other summary judgment.

BACKGROUND

Plaintiff-Appellee Hickson Corporation...

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