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JCB, INC. v. HORSBURGH & SCOTT CO.

No. 17-51023.

941 F.3d 144 (2019)

JCB, INCORPORATED, doing business as Conveying & Power Transmission Solutions, Plaintiff-Appellant v. The HORSBURGH & SCOTT COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED October 17, 2019.

Attorney(s) appearing for the Case

Adam J. Glazer , Richard M. Goldwasser , Schoenberg, Finkel, Newman & Rosenberg, L.L.C., Chicago, IL, Daniel Nesbitt MacLemore, IV , Beard Kultgen Brophy Bostwick & Dickson, L.L.P., Waco, TX, for Plaintiff-Appellant.

Benjamin Curtis Yelverton , Tyler Bass Talbert , Scanes & Routh, L.L.P., Waco, TX, for Defendant-Appellee.

Before HAYNES, HO, and DUNCAN, Circuit Judges.

This case is a perfect example of when we should certify cases, and why certification is valuable. We are presented with a question of pure statutory interpretation on a recurring issue of interest to citizens and businesses across Texas. What's more, it is a question that divided judges on this court. As reflected in...

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