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BRUCKELMYER v. GROUND HEATERS, INC.

No. 2005-1412.

453 F.3d 1352 (2006)

Mark BRUCKELMYER, Plaintiff-Appellant, v. GROUND HEATERS, INC., Defendant, and T.H.E. Machine Company, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 28, 2006.

Attorney(s) appearing for the Case

John B. Lunseth II, Briggs and Morgan, P.A., of Minneapolis, Minnesota, filed a combined petition for panel rehearing and rehearing en banc for plaintiff-appellant. With him on the petition was Michael H. Streater.

Aaron W. Davis, Patterson, Thuente, Skaar & Christensen, P.A., of Minneapolis, Minnesota, filed a response to the petition for defendant-appellee. With him on the response were Randall T. Skaar and Eric H. Chadwick.

James Moskal, Warner, Norcross & Judd LLP, of Grand Rapids, Michigan, for defendant. Of counsel was Charles E. Burpee.

Before MICHEL, Chief Judge, NEWMAN, MAYER, LOURIE, RADER, SCHALL, BRYSON, GAJARSA, LINN, DYK, and PROST, Circuit Judges.

NEWMAN, Circuit Judge, dissents in a separate opinion, in which LINN, Circuit Judge, joins.

ON PETITION FOR PANEL REHEARING AND REHEARING EN BANC

ORDER

A combined petition for panel rehearing and rehearing en banc was filed by the Appellant, and a response thereto was invited by the court and filed by the Appellee. The petition for rehearing was referred to the panel that heard the appeal, and thereafter the petition for rehearing en banc...

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