Opinion
No. 2009-1256.
October 7, 2009.
On Appeal from the United States District Court for the Northern District of Texas, No. 3:04-CV-0669, Judge Jane J. Boyle.
Adam V. Floyd, Floyd Buss L.L.P., of Austin, TX, argued for plaintiff-appellee. With him on the brief were H. Kenneth Prol, Matthew S. Wermager and Chad Ennis. Of counsel on the brief was Sandra G. Rodriguez, Vinson Elkins L.L.P, of Austin, TX.
George C. Summerfield, Stadheim Grear Ltd., of Chicago, IL, argued for defendant-appellant. With him on the brief were Joseph A. Grear, Rolf O. Stadheim, Keith A. Vogt and Steven R. Pedersen.
MICHEL, Chief Judge, GAJARSA and MOORE, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.