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FROLOW v. WILSON SPORTING GOODS CO.

No. 2012-1185.

710 F.3d 1303 (2013)

Jack L. FROLOW, Plaintiff-Appellant, v. WILSON SPORTING GOODS CO., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 15, 2013.

Attorney(s) appearing for the Case

Arthur M. Peslak , Gertber, Mandel & Peslak, LLC, of Lakewood, New Jersey, argued for the plaintiff-appellant. Of counsel was Manny D. Polotilow , Caesar, Rivise, Bernstein, Cohen, of Philadelphia, Pennsylvania.

Jeffrey A. Key , Key & Associates, of Chicago, Illinois, argued for defendant-appellee.

Opinion for the court filed by Circuit Judge MOORE, in which Circuit Judge CLEVENGER joins with additional views, further additional views filed by Circuit Judge MOORE, and concurring opinion filed by Circuit Judge NEWMAN.

MOORE, Circuit Judge.

Jack L. Frolow appeals from the final judgment of the U.S. District Court for the District of New Jersey in favor of Wilson Sporting Goods Co. (Wilson). Among other issues, Mr. Frolow challenges the district court's entry of summary judgment in favor of Wilson and the court's entry of judgment as a matter of law (JMOL) at the close of Mr. Frolow's case. Because the district court erred when it granted summary judgment, we reverse and remand for...

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