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B & B HARDWARE, INC. v. HARGIS INDUSTRIES, INC.

Nos. 10-3137, 11-1247.

800 F.3d 427 (2015)

B & B HARDWARE, INC., a California Corporation, Plaintiff-Appellant v. HARGIS INDUSTRIES, INC., a Texas Corporation, doing business as Sealtite Building Fasteners, doing business as East Texas Fasteners; East Texas Fasteners, a business entity of form unknown; John Does, 1 through 10, inclusive, Defendants-Appellees B & B Hardware, Inc., a California Corporation, Plaintiff-Appellant v. Hargis Industries, Inc., a Texas Corporation, doing business as Sealtite Building Fasteners, doing business as East Texas Fasteners; East Texas Fasteners, a business entity of form unknown; John Does, 1 through 10, inclusive, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2015.

Attorney(s) appearing for the Case

Timothy James Cullen , Little Rock, AR, Roger N. Behle, Jr. , Costa Mesa, CA, William M. Jay , Washington, DC, Barry C. Snyder , Santa Barbara, CA, for appellant.

H. William Allen , Bruce Emil Munson , Brooks C. White , Little Rock, AR, Herbert A. Yarbrough , Debra Elaine Gunter , Tyler, TX, Susan J. Hightower , Austin, TX, Neal Katyal , Eugene A. Sokoloff , Mary Helen Wimberly , Washington, DC, for, appellee.

Before LOKEN, COLLOTON, and SHEPHERD, Circuit Judges.

This matter is on remand from the United States Supreme Court, see B & B Hardware, Inc. v. Hargis Indus., Inc., ___ U.S. ___, 135 S.Ct. 1293, 191 L.Ed.2d 222 (2015). The Court has directed us to apply this rule: "So long as the other ordinary elements of issue preclusion are met, when the usages...

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