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MGE UPS SYSTEMS, INC. v. GE CONSUMER AND INDUS.

No. 08-10521.

622 F.3d 361 (2010)

MGE UPS SYSTEMS, INC., Plaintiff-Appellant-Cross-Appellee, v. GE CONSUMER AND INDUSTRIAL, INC.; GE Industrial Systems, Inc.; General Electric Company; Power Maintenance International, Inc., Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

September 29, 2010.

Attorney(s) appearing for the Case

Stephen Andrew Kennedy (argued), Zachary M. Groover , Kennedy, Clark & Williams, P.C., Dallas, TX, for MGE UPS Systems, Inc.

Joseph F. Cleveland, Jr. (argued), Jeremy Heath Coffman , Richard Hunt Gateley , Brackett & Ellis, P.C., Fort Worth, TX, for Defendants-Appellees-Cross-Appellants.

Andy Tindel , Provost Umphrey Law Firm, L.L.P., Tyler, TX, for Motion Picture Ass'n of America, Inc., Amicus Curiae.

Stacy R. Obenhaus , Gardere Wynne Sewell, L.L.P., Dallas, TX, for Entertainment Software Ass'n, Business Software Alliance, Recording Industry Ass'n of America and Software and Information Industry Ass'n, Amici Curiae.

Mark Reiling Freeman , U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, for U.S., Amicus Curiae.

Before BARKSDALE, GARZA and PRADO, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

The original opinion in this case was issued by the panel on July 20, 2010. Treating the petition for rehearing en banc as one for panel rehearing, we GRANT the petition in part, withdraw our previous opinion (612 F.3d 760 (5th Cir.2010)), and substitute the following.

MGE UPS Systems, Inc. ("MGE") appeals the district court's Federal Rule of Civil Procedure 50(a) dismissal of its Digital Millennium Copyright Act ("DMCA") claim...

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