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SERVO KINETICS v. TOKYO PRECISION INSTRUMENTS

No. 05-2741.

475 F.3d 783 (2007)

SERVO KINETICS, INC., Plaintiff-Appellant, v. TOKYO PRECISION INSTRUMENTS CO. LTD.; Moog, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 30, 2007.

Attorney(s) appearing for the Case

ARGUED: Allyn D. Kantor, Miller, Canfield, Paddock & Stone, Ann Arbor, Michigan, for Appellant. Kevin M. Kearney, Hodgson Russ LLP, Buffalo, New York, for Appellees. ON BRIEF: Allyn D. Kantor, Mark T. Boonstra, Marta A. Manildi, Miller, Canfield, Paddock & Stone, Ann Arbor, Michigan, for Appellant. Kevin M. Kearney, Hodgson Russ LLP, Buffalo, New York, Edward H. Pappas, Dickinson Wright, PLLC, Bloomfield Hills, Michigan, Brian M. Akkashian, Dickinson Wright, PLLC, Detroit, Michigan, for Appellees.

Before CLAY and SUTTON, Circuit Judges; SHARP, District Judge.

CLAY, J., delivered the opinion of the court, in which SHARP, D.J., joined. SUTTON, J. (pp. 802-05), delivered a separate opinion concurring in part and dissenting in part.

CLAY, Circuit Judge.

Plaintiff Servo Kinetics, Inc. ("SKI") appeals the district court's grant of summary judgment in favor of defendants, Tokyo Precision Instruments Co. Ltd., ("TSS") and its parent, Moog, Inc. ("Moog").1 On appeal, SKI argues that (1) TSS...

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