Opinion
No. 2010-1124.
May 7, 2010.
Appealed from United States District Court for the Southern District of Texas, No. 09-CV-1885, Kenneth M. Hoyt, Judge.
John H. Barr, Jr., Bracewell Giuliani LLP, of Houston, TX, argued for plaintiffs-appellees. With him on the brief were Warren W. Harris, Jeffrey L. Oldham and Christopher A. Shield. Of counsel on the brief was Bruce Wieder, Dow Lohnes PLLC, of Washington, DC.
Michael J. Abernathy, K L Gates LLP, of Chicago, IL, argued for defendant-appellant. With him on the brief were Robert M. Barrett and Jason A. Engel.
RADER, GAJARSA, and PROST, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.