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LOCKHEED MARTIN CORP. v. RFI SUPPLY, INC.

Nos. 05-1737, 05-1831.

440 F.3d 549 (2006)

LOCKHEED MARTIN CORPORATION, individually, doing business as, and acting by and through "Lockheed Martin Missiles & Space" and "Sanders, a Lockheed Martin Company", Plaintiff, Appellant, v. RFI SUPPLY, INC., formerly known as RFI Communications & Security Systems; Grinnell Corporation, doing business as Grinnell Fire Protection Systems Company; Kidde-fenwal, Inc., Defendants, Rantec Power Systems, Inc., Defendant/Third-Party Plaintiff, Appellee/Cross-Appellant, v. Factory Mutual Research Corporation; Factory Mutual Insurance Company, Third-Party Defendants, Cross-Appellees, Star Sprinkler, Inc.; Allendale Mutual Insurance Company, Third-Party Defendants.

United States Court of Appeals, First Circuit.

Decided March 17, 2006.

Attorney(s) appearing for the Case

Randy W. Gimple, with whom Carlson, Calladine & Peterson, LLP were on brief, for appellant.

Patrick J. Hagan, with whom J. Cross Creason, Dillingham & Murphy, LLP, Richard B. Kirby and Keegan, Werlin & Pabian, LLP were on brief, for appellee/cross-appellant Rantec Power Systems, Inc.

Jonathan D. Mutch, with whom James S. Harrington and Robins, Kaplan, Miller & Ciresi, LLP were on brief, for cross-appellees Factory Mutual Research Corp. and Factory Mutual Insurance Company.

Before TORRUELLA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

TORRUELLA, Circuit Judge.

This case involves three parties: Plaintiff Lockheed Martin Corporation ("Lockheed"), Defendant Rantec Power Systems, Inc. ("Rantec"), and Third-Party Defendants Factory Mutual Research Corporation ("FMRC") and Factory Mutual Insurance Corporation (collectively, the "FM Entities"). Lockheed appeals the district court's grant of Rantec's motion for summary judgment against Lockheed. Rantec, in turn, appeals the district court's grant of the...

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