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UNIQUE SPORTS PRODUCTS, INC. v. FERRARI IMPORTING

No. 11-15586.

720 F.3d 1307 (2013)

UNIQUE SPORTS PRODUCTS, INC., Plaintiff-Appellee, v. FERRARI IMPORTING COMPANY, d.b.a. Gamma Sports, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 8, 2013.

Attorney(s) appearing for the Case

W. Scott Creasman , Jason Randle Curies , Amanda Groover Hyland , Todd E. Jones , Taylor English Duma, LLP, Atlanta, GA, for Plaintiff-Appellee.

Joel L. Dion , Grant S. Palmer , Timothy D. Pecsenye , Blank Rome, LLP, Philadelphia, PA, Carl A. Roland , Roland Law Group, LLC, Allison Park, PA, Thomas O. Sippel , Leitner Williams Dooley & Napolitan, PLLC, Roswell, GA, for Defendant-Appellant.

Before TJOFLAT and COX, Circuit Judges, and MOLLOY, District Judge.

PER CURIAM:

This appeal requires us to consider whether a party may appeal on the merits from a decision in its favor, where a district court found against him as to one issue, nondispositive of the case. We find that, though he may not challenge the District Court's finding on the merits, he is entitled to vacatur of the portion of the District's Court's order adverse to him.

I.

Unique Sports Products, Inc., ("Unique") manufactures and markets sporting...

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