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HIGHWAY EQUIPMENT CO., INC. v. FECO, LTD.

Nos. 05-1547, 05-1578.

469 F.3d 1027 (2006)

HIGHWAY EQUIPMENT COMPANY, INC., Plaintiff-Cross Appellant, v. FECO, LTD. and Stan Duncalf, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

November 21, 2006.

Attorney(s) appearing for the Case

Stephen J. Holtman, Simmons, Perrine, Albright & Ellwood, PLC, of Cedar Rapids, Iowa, argued for plaintiff-cross appellant. With him on the brief was David A. Hacker.

David A. Tank, Davis, Brown, Koehn, Shors & Roberts, P.C., of Des Moines, Iowa, argued for defendants-appellants. With him on the brief was Deborah M. Tharnish.

W. Michael Garner, Dady & Garner, P.A., of Minneapolis, Minnesota, for amici curiae.

Before SCHALL, LINN, and DYK Circuit Judges.

LINN, Circuit Judge.

FECO, Ltd. ("FECO") appeals from a judgment of the U.S. District Court for the Northern District of Iowa making final an order granting Highway Equipment Company, Inc.'s ("Highway Equipment") summary judgment on FECO's claim for wrongful termination of dealership and denying FECO's motion for attorney fees and expenses pursuant to 35 U.S.C. § 285. Highway Equipment cross-appeals from the ruling that the district court had subject matter jurisdiction...

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