No. 04-1151.

394 F.3d 1355 (2005)

Stewart LAMLE, Plaintiff-Appellant, v. MATTEL, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 7, 2005.

Attorney(s) appearing for the Case

Stewart Lamle, of Santa Monica, California, pro se.

Steven M. Anderson, Quinn Emanuel Urquhart Oliver & Hedges, LLP, of Los Angeles, California, for defendant-appellee. With him on the brief were Randa A.F. Osman and Patrick M. Shields.

Before NEWMAN, CLEVENGER, and DYK, Circuit Judges.

Opinion of the court filed by Circuit Judge DYK. Dissenting opinion filed by Circuit Judge NEWMAN.

DYK, Circuit Judge.

Appellant Stewart Lamle ("Lamle") appeals from the judgment of the United States District Court for the Central District of California granting summary judgment in favor of Appellee Mattel, Inc. Because we find that there are genuine issues of material fact as to the contract claim, we vacate the...

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