Opinion
No. 2010-1397.
February 22, 2011.
Appeal from the United States District Court for the Eastern District of Texas in Case No. 07-CV-0385, Judge Leonard Davis.
Richard B. Megley, Jr., Niro, Scavone, Haller Niro, of Chicago, IL, argued for plaintiff-appellant. With him on the brief were Raymond P. Niro, David J. Sheikh, and Kara L. Szpondowski. Of counsel was Anna B. Folgers.
Doris Johnson Hines, Finnegan, Henderson, Farabow, Garrett Dunner, LLP, of Washington, DC, argued for defendants-appellees. With her on the brief were Christopher T. Blackford, John S. Sieman, and Jason W. Melvin; and Jeffrey A. Berkowitz, of Reston, VA. Of counsel on the brief was E. Chris Cherry, FedEx Corporation, of Memphis, TN.
Before NEWMAN, SCHALL, and LINN, Circuit Judges.
JUDGMENT
THIS CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.