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USPPS, LTD. v. AVERY DENNISON CORP.

No. 2011-1525.

676 F.3d 1341 (2012)

USPPS, LTD., Plaintiff-Appellant, v. AVERY DENNISON CORPORATION, Defendant-Appellee, Renner, Otto, Boisselle & Sklar, LLP and Neil DuChez, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

April 17, 2012.

Attorney(s) appearing for the Case

James E. Willingham, Jr. , Law Offices of Jim Willingham, P.C., of San Antonio, TX, argued for plaintiff-appellant.

J. Daniel Harkins , Cox Smith Matthews Incorporated, of San Antonio, TX, argued for defendant-appellee Avery Dennison Corporation. Of counsel on the brief was Leslie Sara Hyman , Pulman, Cappuccio, Pullen & Benson, LLP, of San Antonio, TX.

Vaughan E. Waters , Thornton, Biechlin, Segrato, Reynolds & Guerra, L.C., of San Antonio, TX, argued for defendants-appellees Renner, Otto, et al.

Opinion for the court filed PER CURIAM. Concurring opinion filed by Circuit Judge PROST. Concurring opinion filed by Circuit Judge O'MALLEY, in which Circuit Judge MAYER joins.

PER CURIAM.

USPPS, Ltd. ("USPPS") appeals the order of the United States District Court for the Western District of Texas dismissing its claim for breach of fiduciary duty and fraud. See USPPS, Ltd. v. Avery Dennison Corp., No. SA-07-CA-963-FB, 2010 WL 2802529, 2010 U.S. Dist. LEXIS 81707 (W.D.Tex. June 4, 2010). We affirm.

BACKGROUND

The report of the magistrate judge, which was adopted by the district court, provides a comprehensive summary...

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