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THERMAL DESIGN v. AMERICAN SOCIETY OF HEATING

No. 13-2519.

755 F.3d 832 (2014)

THERMAL DESIGN, INCORPORATED, Plaintiff-Appellant, v. AMERICAN SOCIETY OF HEATING, REFRIGERATING AND AIR-CONDITIONING ENGINEERS, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 18, 2014.

Attorney(s) appearing for the Case

Thomas Armstrong , Rachel N. Schepp , Von Briesen & Roper, S.C., Milwaukee, WI, for Plaintiff-Appellant.

Merritt E. McAlister , M. Russell Wofford, Jr. , King & Spalding, Atlanta, GA, for Defendant-Appellee.

Before KANNE and ROVNER, Circuit Judges, and DURKIN, District Judge.

KANNE, Circuit Judge.

Thermal Design alleged that the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Incorporated ("ASHRAE") violated Wisconsin common law as well as the Wisconsin Deceptive Trade Practices Act.1 Thermal Design claims that ASHRAE intentionally published a false and misleading thermal performance standard, which induced consumers to purchase Thermal's competitors' products in lieu of its own....

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