Opinion
Nos. 2008-1014, 2008-1035.
August 13, 2008.
On Appeal from the United States District Court for the District of Minnesota, 04-CV-3511, Judge, Joan N. Ericksen, Judge.
Darren B. Schwiebert, Fredrikson Byron, P.A., of Minneapolis, Minnesota, argued for plaintiff-appellant. With him on the brief were Kurt J. Niederluecke, James R. Mayer, and Laura L. Myers.
Wyatt B. Durrette, Jr., DurretteBradshaw PLC, of Richmond, VA, argued for defendant-cross appellant. With him on the brief were Barrett E. Pope, Christine A. Williams, and Halliday Moncure Merrick.
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.